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

Section: 19,19(1),22

Law: Limitation Act, 1908

Section: 181,182

Law: Civil Procedure Code (V of 1908)

Section: 48,O.IX,XXI,R.9,66

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 19---Civil Procedure Code (V of 1908), O. IX, R. 9---Execution of decree of Banking Court---Automatic conversion of decree into execution proceedings before Banking Court---Scope---Non-prosecution of execution of decree of Banking Court---Question before the High Court was whether after dismissal of an execution petition for non-prosecution, and subsequent restoration of the same, was the -debtor required to be put on notice of such restoration---Held, that per S. 19 of the Financial Institutions (Recovery of Finances) Ordinance, 2001; upon pronouncement of decree of Banking Court, the same shall be converted into execution proceedings without the need to file a separate application for the same, and therefore no fresh notice needed to be issued to the -debtor---Under such special procedure as prescribed by Financial Institutions (Recovery of Finances) Ordinance, 2001, no need existed for decree-holder to file separate petition/application for execution of the decree---Such an application/petition, if filed by decree-holder could at best be construed as a request to activate proceedings for execution, which had to be converted into an execution-petition and taken to its logical conclusion till such time the decree was satisfied, and there existed no room for dismissal of the same for non-prosecution. Saeed Ullah Paracha v. Habib Bank Limited and others 2014 CLD 582 and Mehboob Khan v. Hassan Khan Durrani PLD 1990 SC 778 rel. THIS ORDER PASSED BY: RASAAL HASAN SYED, JUSTICE---.--- This appeal, under section 22 of the Financial Institutions (Recovery of Finances) Ordinance 2001 ("F.I.R.O.") assails the order dated 19.10.2018 of the learned Judge Banking Court, Bahawalpur, whereby the objection petition of the appellant, seeking dismissal of the execution petition, was dismissed. 2. Facts pertinent to the disposal of this appeal are that a suit for recovery of Rs. 629,559/- was instituted by the respondent-bank against the appellant which was decreed on 23.4.2001. Petition for execution was filed, which appears to have been dismissed for non-prosecution on 19.1.2004. An application…

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