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

Section: 9,10,10(11),22,22(6)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 10 & 22(6)---Constitution of Pakistan, Art. 199---Power of High Court to convert a non-maintainable appeal into a writ (Constitutional) petition---Recovery suit---Application for leave to defend filed by customer was dismissed by the Banking Court and case was fixed for evidence of the Bank---Customer/appellant filed appeal before the High Court against dismissal of his application---Maintainability---Dismissal of application for leave to defend by the Banking Court and fixing case for evidence of Bank was an interim order---Section 22(6) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 clearly provided that an appeal against such interim order was not maintainable---However, to meet the ends of justice and to thrash out the core issues involved in the matter, the High Court had been bestowed with the powers to convert an appeal into a writ (Constitutional) petition and or treat one kind of proceeding into another---High Court converted the present (non-maintainable) appeal into a writ (constitutional) petition and proceeded into the matter towards the merits of the case. Mian Asghar Ali v. Government of Punjab through Secretary (Colonies) BOR, Lahore and others 2017 SCMR 118 and Asif Kudia and others v. M/S. KASB Bank Limited and others 2015 CLC 1734 ref. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9 & 10---Recovery suit---Application for leave to defend, acceptance of---When the application for leave to defend was accepted, the Banking Court shall treat the application as a written statement, and in its order granting leave shall frame issues relating to the substantial questions of law or fact, and, subject to fulfillment of any conditions attached to grant of leave, fix a date for recording of evidence thereon and disposal of the suit. (c) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9 & 10(11)---Recovery suit---Application for leave to defend, dismissal of---Power of Banking Court to forthwith pass and decree---Application of judicial mind---Scope---Where the…

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