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

Section: 10,2(f),9,7,22

Law: Civil Procedure Code (V of 1908)

Section: 10

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 10, 2(f), 9, 7 22---Civil Procedure Code (V of 1908) O. VII, R. 10---Procedure of Banking Court----Suit for recovery---Application for leave to defend---Adjudication of application for leave to defend---Return of plaint---Jurisdiction of Banking Court to entertain suits relating to finance as defined in Financial Institutions (Recovery of Finances) Ordinance, 2001---Plaintiff impugned order of Banking Court whereby plaint of plaintiff was returned by Banking Court on ground that suit in the matter should be filed before Insurance Tribunal---Contention of plaintiff/appellant, inter alia, was that suit was contested by defendant and leave to application was filed, therefore Banking Court could not pass impugned order for return of plaint before decision on application on for leave to defend---Validity---Admitted fact that basis on which suit was filed related to finance as defined by S. 2(f) of Financial Institutions (Recovery of Finances) Ordinance, 2001---Without decision on leave application, plaint of appellant could not be returned by Banking Court, and impugned order was therefore an error in law---Impugned order was set aside, and Banking Court was directed to pass decision on application for leave to defend---Appeal was allowed, accordingly. Sheikh Muhammad Kashif v. Askari Leasing Limited 2004 CLD 1645 and Muhammad Azwar Siddiqui v. Chief Executive Officer Union Leasing Limited 2006 CLD 946 rel. ORDER This appeal under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (`Ordinance) is filed to call into question order dated 25.11.2013 whereby the plaint of the suit filed by the appellant was returned to it in terms of Order VII, Rule 10, Civil Procedure Code, 1908 (C.P.C.) for filing it before the Insurance Tribunal. 2. Facts of the case in brief are that the appellant filed a suit against the respondent seeking recovery of Rs.5,700,000/-. The suit was contested by the respondent by filing its application for leave to defend. After hearing the arguments on the leave application, the Banking Court passed the order (impugned herein) for…

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