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

Section: 9,16,22,22(6)

Law: Civil Procedure Code (V of 1908)

Section: S.151,O.XVIIII,XXXVII,XLIII,R.3,5

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 16 & 9---Suit for recovery---Attachment before , injunction and appointment of Receiver---Adjudication under S. 16 of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Scope---Question before High Court was whether an application under S. 16 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 could be filed by customer / borrower ---Held, that in a suit filed under S. 9 of Financial Institutions (Recovery of Finances) Ordinance, 2001, matter had to be proceeded in view of the provisions of said Ordinance and an application under S. 16 of said Ordinance could only be filed by a financial institution and not a borrower---Contention that if there was no bar in general law, then such application could be allowed, was incorrect and application under S. 16 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 filed by a borrower was not maintainable. Haji Abdul Wali Khan v. Muhammad Hanif 1991 SCMR 2457 distinguished. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 22 & 9---Civil Procedure Code (V of 1908), O. XXXVIII, R. 5---Suit for recovery---Attachment before ---Appeal---Scope---Nature of adjudication under O. XXXVIII, C.P.C.---Application under O. XXXVIII, R. 5, C.P.C. was an extraordinary relief where if Court was satisfied that other party was likely to defeat decree in future then under such special circumstances, Court may pass order with regard to attachment before Judgment---Necessary ingredients were to be fulfilled before grant of application under O. XXXVIII, R. 5, C.P.C. and merely on apprehension alone, such application could not be granted---Nature of an order under O. XVIIII, C.P.C. was penal in nature and adjudication under O. XXXVIII, C.P.C. had to be done with great care and caution---Order made on an application under O. XXXVIII, C.P.C. seeking attachment before , was interim/interlocutory in nature and was not appealable under S. 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001. Noor Muhammad Lambardar v. Member (Revenue) Board of Revenue,…

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