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

Section: 9,9(5),12,22

Law: Industrial Relations Act, 2012

Section: 33(1)(4)

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9(5) & 12---Procedure of Banking Court---Suit for recovery---Service of notice/summons on the defendant---Effective service in terms of S. 9(5) of Financial Institutions (Recovery of Finances) Ordinance, 2001---Change of address of defendant from the one given to Financial Institution at time of availing of finance facility---Scope---Plaintiff Bank, at the time of filing of suit, if it was aware of change of address of defendant and was communicating with defendant at said address, then it was not justified in filing suit and stating the defendant's old address and was duty bound to disclose the new address of such a defendant. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 9(5)---Effective service on defendant in terms of S. 9(5) of the Ordinance---Essential. Section 9(5) of the Ordinance provides the procedure and modes of service of summons in a Suit filed under section 9 of the Ordinance. It provides that on a plaint being presented to the Banking Court, summons in Form No.4 in Appendix 'B' to the Code of Civil Procedure or in such other form as may be prescribed from time to time, shall be served on the defendant (i) through the bailiff or process-server of the Banking Court, (ii) by registered post acknowledgement due, (iii) by courier, and (iv) by publication in one English language and one Urdu language daily newspaper. It is significant to note that except for publication in newspapers, all the first three modes have one distinctive and common feature that a written report/confirmation must come on record before the Banking Court to ascertain service or non-service of summons on the defendant, either through the bailiff and courier service or by acknowledgement due of the registered post. From the above, the intention of the lawmakers is clear that before proceeding further in the Suit, there must be sufficient and reliable evidence before the Banking Court in order to ascertain as to whether the summons were duly served upon the defendant or not, or if he had refused to receive the same. Mubarak Ali v. First Prudential…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492