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

Section: 7(2),9,9(5),12

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9, 7(2) & 12---Procedure of Banking Court---Suit for recovery---Service of notices/summons on the defendant---Effective service in terms of S. 9(5) of Financial Institutions (Recovery of Finances) Ordinance, 2001---Under S. 9 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, service through any prescribed modes of services was to be deemed valid service. Messrs Ahmed Autos and another v. Allied Bank of Pakistan Limited PLD 1990 SC 497 and Messrs Qureshi Salt and Spices Industries Khushab and another v. Muslim Commercial Bank Limited 1999 SCMR 2253 rel. THIS ORDER PASSED BY: SHAMS MEHMOOD MIRZA, J.--- C.M. Nos.2258-C and 2260-C of 2018 This application (C.M. No.2258-C of 2018) is filed by the defendants for setting aside the judgment and decree dated 07.09.2018 passed by this Court. It is accompanied by C.M. No.2260-C of 2018 seeking condonation of delay. 2. It is alleged that the defendants in pursuance of summons received by them instituted their application for leave to defend (P.L.A. No.3 of 2018) in the office on 03.09.2018. It is the case of the defendants that this Court on 07.09.2018 passed judgment and decree by holding that the application for leave to defend had not been filed by the defendants. 3. Perusal of the order sheet shows that his Court on the first date of hearing i.e. 05.12.2017 passed orders for service of the defendants, which order was modified on 18.12.2017 by including the publication of summons to the defendants. Pursuant to the said order, service was effected on the defendants through all the prescribed modes. The case on the prescribed date i.e. 31.01.2018 could not be taken up on account of strike being observed by the bar. It may, however, relevantly be pointed out that the defendants did not file their application for leave to defend. 4. The plaintiff bank filed C.M. No.1355-C of 2018 seeking fixation of the suit, which was allowed on 24.05.2018. While fixing the date on 24.05.2018 this Court, however, once again passed order for summoning of the defendants through all the prescribed modes. According to the record the…

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