Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 10 & 22(6)---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Suit for recovery of loan amount---Leave to defend---Imposition of condition while granting leave to defend---Permissibility--- Appeal against order in leave application, maintainability of---Defendant filed application for leave to defend which was conditionally accepted by Trial Court subject to deposit of certain amount within one month---Validity---Banking Court, while granting leave to defend suit in terms of S. 10(8) of Financial Institutions (Recovery of Finances) Ordinance, 2001, was empowered to impose conditions on defendants---Rigors of S. 22(6) of Financial Institutions (Recovery of Finances) Ordinance, 2001 were fully applicable and remedy of appeal was not available against such order---Party could not be allowed to challenge orders through constitutional petition which were otherwise non-appealable, as it would amount to negate provisions of Financial Institutions (Recovery of Finances) Ordinance, 2001, which prohibited remedy of appeal against leave granting order---Banking Court, in its discretion, could also impose any condition while granting leave to defend the suit in terms of S. 10(9) of Financial Institutions (Recovery of Finances) Ordinance, 2001---Constitutional petition was dismissed in circumstances. Syed Sighir Ahmad Naqvi v. Province of Sindh through Chief Secretary and another 1996 SCMR 1165; Crescent Factories Vegetable Ghee Mills and 5 others v. National Bank of Pakistan PLD 1985 Lah. 150; Muslim Commercial Bank Limited v. Judge Banking Court II, Faisalabad and others 2002 CLD 991; Sheikh Gulzar Ali and Co. Limited and others v. Special Judge, Special Court of Banking and another 1991 SCMR 590; Mian Rafique Saigol and another v. Bank of Credit and Commerce International (Overseas) Limited and another PLD 1996 SC 749 and Messrs Shaheen Pumps (Pvt.) Limited v. Messrs Beacon Engineering Industry and another 2006 MLD 1709 rel. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Preamble---Constitution of Pakistan, Art.…

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