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

Section: 9(5),12

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9(5) & 12---Civil Procedure Code (V of 1908), S. 12(2)---Procedure of Banking Court---Service of notices on the defendants---Effective service in terms of S. 9(5) of Financial Institutions (Recovery of Finances) Ordinance, 2001---Setting aside of ex parte decree of Banking Court---Presumption as to the knowledge of the defendant regarding proceedings of Banking Court---Suit for recovery was decreed ex parte against defendants---Contention of defendant inter alia was that defendants were not served though any mode prescribed under law as address given in the plaint was not the correct address of the defendants---Validity---Address, given in the plaint, was also mentioned by the defendants in their affidavits for application under S. 12(2), C.P.C. to set aside ex parte decree and contention that plaintiff Bank was informed about change in address vide a letter had no basis as said letter was received by the Bank after passing of the decree---Address of the defendants mentioned in the plaint was their last known address and they were not only served through affixation but also through publication in newspapers---No illegality existed in impugned order---Appeal was dismissed, in circumstances. ORDER This appeal under section 22 of Financial Institutions (Recovery of Finances) Ordinance, 2001 (Ordinance) is directed against order dated 11.1.2017 whereby application of the appellants under section 12 of the Ordinance read with section 12(2), C.P.C. was dismissed. 2. Relevant facts are that respondent bank filed suit for recovery of Rs.2143571.23 along with costs and cost of fund on 21.10.2015. Notices were issued to the defendants as per mode prescribed under section 9 of the Ordinance. However, no one appeared on behalf of the defendants and no Petition for Leave to defend (PLA) was filed, hence suit was decreed on 24.5.2016. The appellants/defendants filed application under section 12 of the Ordinance read with section 12(2), C.P.C. on 27.6.2016 to set aside the judgment and decree. The said application was dismissed on 11.1.2017, hence this appeal. 3. Learned counsel for the…

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