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

Section: 22

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) ---.--- ---.--- -S. 22 ---.--- Appeal against interlocutory order of Banking Court under S.22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 ---.--- Bar against ---.--- Scope ---.--- Rationale behind S. 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 was expeditious disposal of cases and to avoid unnecessary delay which was caused by filing frivolous interlocutory applications ---.--- If interlocutory orders were allowed to be challenged before the High Court the very object of the Financial Institutions (Recovery of Finances) Ordinance, 2001 was frustrated ---.--- Appellate power conferred on the High Court per S. 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 was therefore restricted only to the extent of entertaining an appeal against a final order and of the Banking Court ---.--- Although the phrase "interlocutory order" had not been defined either in the C.P.C. or the Financial Institutions (Recovery of Finances) Ordinance, 2001; but appeals were made competent under the C.P.C. against orders under O. XLIII, C.P.C., but the Legislature under S. 22(6) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 clearly mentioned that no appeal shall lie against an interlocutory order which did not dispose of the entire case ---.--- High Court observed that it was clear that the word "interlocutory order" had been used in contradistinction to the term "order" and that the Legislature in order to achieve object that appeal shall lie only against a final order of the Banking Court, further qualified in S. 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 that the interlocutory order was one which did not dispose of the entire case. Nazir Ahmed Vaid v. Habib Bank AG Zurich 2005 CLD 1571; Muhammad Khan v. Zarai Tarakiati Bank Limited through President 2014 CLD 1596; Messrs Aziz Flour Mills v. The Industrial Development Bank of Pakistan 1990 CLC 1473; Ali Muhammad Brohi v. Haji Muhammad Hashim PLD 1983 Kar. 527; Pakistan Fisheries Ltd. Karachi and others v. United Bank Ltd. PLD 1983 SC 109;…