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

Section: 89,90

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 19, 7 & 9---Civil Procedure Code (V of 1908) O. XXI, Rr. 90 & 89---Execution of decree of Banking Court---Sale of immovable property---Application of the appellant under O. XXI, R. 90, C.P.C. to set aside auction, was dismissed by Banking Court, on the ground that an earlier application filed by the appellant under O. XXI, R. 89, C.P.C. had been withdrawn by the appellant---Validity---One was permitted by law to maintain applications under O. XXI, R. 89 or 90, C.P.C. at his own discretion, and Banking Court merely had to see whether said applications were maintainable and whether proceedings could legally be taken on the same---Banking Court, in the impugned order, without going into maintainability of the application and preconditions of the law for such application, dismissed the same on the ground that the earlier application under O. XXI, R. 89, C.P.C. had been withdrawn by the appellant, and said view of the Banking Court was palpably wrong---Impugned order was set aside, and matter was remanded to the Banking Court with the observation that application of appellant under O. XXI, R. 90, C.P.C. shall be decided on merits---Appeal was allowed, accordingly. THIS ORDER PASSED BY: SHAHID KARIM, JUSTICE:---.--- This is an appeal under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 calling in question the order dated 11.09.2013 passed by Banking Court-I, Lahore. By the impugned order the application filed under Order XXI, Rule 90, C.P.C. by the appellant was dismissed. The ground which weighed with the Banking Court was that since an earlier application under Order XXI, Rule 89, C.P.C. had been withdrawn by the appellant/petitioner, the application under Order XXI, Rule 90, C.P.C. was not…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492