Law: Financial Institutions (Recovery of Finances) Ordinance, 2001

Section: 12(2)

Law: Civil Procedure Code (V of 1908)

Section: 47

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 12(2)--- Decree, setting aside of--- Expression 'want of jurisdiction'---Scope---If Court proceeds to act in grave and obvious disregard of a material provision of law the same amounts to 'want of jurisdiction'. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 17, 22 & 27---Civil Procedure Code (V of 1908), S. 47---Decree---Execution---Date of default, non-mentioning of---During execution proceedings, debtors filed application under S. 47, C.P.C., seeking modification of decree on the ground that it did not provide date of default---Executing Court decided application and held that date of passing of decree was date of default---Plea raised by debtors was that order passed by Executing Court was in violation to S.27 of Financial Institutions (Recovery of Finances) Ordinance, 2001---Validity---Any interpretation of decree made by Executing Court under S. 47, C.P.C., was to be made in accordance with mandatory provisions of S. 17 of Financial Institutions (Recovery of Finances) Ordinance, 2001---Any other interpretation made while contravening mandatory provision of S. 17 of Financial Institutions (Recovery of Finances) Ordinance, 2001 was a nullity---Executing Court while passing order in question admitted such fact that Banking Court while passing initial order, date of default mentioned in plaint completely escaped from its notice---Order under appeal passed by Executing Court could be termed as retracing of steps by Banking Court in accordance with law---High Court declined to interfere in execution proceedings---Appeal was dismissed under circumstances. Zarai Tariqiati Bank Limited through Branch Manager v. Hassan Aftab Fatiana 2009 CLC 36; Habib Bank Limited v. Tauqeer Ahmed Siddiqui and another 2009 CLD 312; Nisar Ahmed Afzal v. Muslim Commercial Bank through Assistant Vice-President/Chief Manager and 14 others 2014 CLD 390; North-West Frontier Province Government, Peshawar through Collector, Abbottabad and another v. Abdul Ghafoor Khan through Legal Heirs and 2 others PLD 1993 SC 418 and Miss Reeta v. Government of Sindh and others…

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