Law:

Section: 22,4

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 22 & 4---Civil Procedure (Amendment) Ordinance (X of 1980) S. 15---Interpretation of, and object behind bar of appeal against interlocutory order of a Banking Court under S. 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Applicability of S. 15 of the Civil Procedure (Amendment) Ordinance, 1980 to banking suits---Scope---Logic behind S. 22(6) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 was to have swift and expeditious disposal of cases filed and dealt with under banking laws as otherwise inordinate delay could be caused by filing of frivolous applications if interlocutory/ad-interim orders were left open for challenge before the High Court in appeal and Constitutional petitions---In view of S. 22 read with S. 4 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, S. 15 of the Civil Procedure (Amendment) Ordinance, 1980; allowing for appeal to High Court in certain cases, was not attracted to an interim order passed by a Court exercising Banking jurisdiction. 2006 SCMR 1192; 2006 SCMR 483; 2016 CLD 906; 2004 MLD 113; PLD 2003 Lah. 01; PLD 1968 SC 281; PLD 2014 Kar. 264; 2010 YLR 1819; 2004 MLD 1113; PLD 2001 Kar. 256 and 1989 CLC 1975 distinguished. Messrs Huffaz Seamless Pipe Industries Ltd. and 2 others v. Messrs Security Leasing Corporation Ltd. 2002 SCMR 1419; Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary, S&GAD, Karachi and another 1996 SCMR 1165; Bank AlFalah Limited v. Interglobe Commerce Pakistan (Pvt.) Ltd. and 5 others 2017 CLD 1428 and Pakistan Fisheries Ltd. v. United Bank Limited PLD 1993 SC 109 rel. THIS JUDGMENT DELIVERED BY: AZIZ-UR-REHMAN, J.--- By means of this Spl. High Court Appeal filed by the appellants on 31.01.2017 under section 15 of Civil Procedure [Amendment] Ordinance, 1980 [Shehryar Waqas and Waqas Malik v. Muhammad Zafar Ali Khan and HBL], have challenged the impugned order dated 13.01.2017, passed in Execution No.75 of 2016 whereby, the learned Single Judge of this Court while, issuing notice on the Application under section 94, C.P.C. read with section…

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