| Citation(s) |
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| SLG 1910 (2019) 123 SLD 1910 (2019) 123 CLD 853 |
Sindh High Court
Constitutional Petitions Nos. D-2102 of 2017 and D-2304 of 2018, decision Dated: 24-12-2018. Dates of hearing: 25th and 28th September, 2018.
MUHAMMAD ALI MAZHAR, JUSTICE ADNAN IQBAL CHAUDHRY, JUSTICE
Petitioner(s) by: Raja Qasit Nawaz (in Constitutional Petition No.D-2102 of 2017).
Respondent(s) by: Abdul Ahad No.1 (in Constitutional Petition No.D-2102 of 2017). Nemo Nos. 2 - 3 (in Constitutional Petition No.D-2102 of 2017). Nemo Nos. 4-5 (in Const
Constitutional Petitions Nos. D-2102 of 2017 and D-2304 of 2018, decision Dated: 24-12-2018. Dates of hearing: 25th and 28th September, 2018.
MUHAMMAD ALI MAZHAR, JUSTICE ADNAN IQBAL CHAUDHRY, JUSTICE
Petitioner(s) by: Raja Qasit Nawaz (in Constitutional Petition No.D-2102 of 2017).
Respondent(s) by: Abdul Ahad No.1 (in Constitutional Petition No.D-2102 of 2017). Nemo Nos. 2 - 3 (in Constitutional Petition No.D-2102 of 2017). Nemo Nos. 4-5 (in Const
MESSRS TEXTILERS (PVT.) LTD. THROUGH AUTHORIZED REPRESENTATIVE AND OTHERS
VS
MEEZAN BANK LIMITED AND OTHERS
Law: Financial Institutions (Recovery of Finances) Ordinance, 2001
Section: 2(b),16,22(6)
Law: Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997
Section: 18(6)
Law: Civil Procedure Code (V of 1908)
Section: 73
Law: Constitution of Pakistan, 1973
Section: 184(3),199,199(5)
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 2(b) & 22(6)---Jurisdiction of High Court as Banking Court---Scope---Petitioners were aggrieved of orders passed by High Court and assailed the same in Constitutional jurisdiction as no right of appeal was available---Validity---Orders assailed by way of Constitutional petitions were interlocutory orders passed under Financial Institutions (Recovery of Finances) Ordinance, 2001 from which appeal was barred under S. 22(6) of Financial Institutions (Recovery of Finances) Ordinance, 2001---Provision of S. 2(b) of Financial Institutions (Recovery of Finances) Ordinance, 2001 only conferred jurisdiction of Banking Court on the High Court---Conferment of special jurisdiction on the High Court did not open it to a writ under Art. 199 of the Constitution---Writ could not be issued to High Court even where High Court had acted as Banking Court under Financial Institutions (Recovery of Finances) Ordinance, 2001---Constitutional petition was dismissed in circumstances. Tank Steel and Re-rolling Mills (Pvt.) Ltd. v. Federation of Pakistan PLD 1996 SC 77 rel. Gulistan Textile Mills Ltd. v. Soneri Bank PLD 2018 SC 322; Muhammad Shafi v. Attaullah 1984 SCMR 1124; Chief Justice of Pakistan Iftikhar Muhammad Chaudhry v. President of Pakistan PLD 2010 SC 61; Agriculture Development Bank of Pakistan v. Yar Muhammad 2004 CLD 1084; Sheikh Abdul Sattar Lasi v. Judge Banking Court 2007 CLD 69; Habib Bank Ltd. v. Victor Electronics Appliances Industries (Pvt.) Ltd. 2011 CLD 1571; United Bank Ltd. v. Presiding Officer Banking Court No.2 2011 CLD 931; United Bank Ltd. v. Banking Court No.II 2012 CLD 1556; Asif Kudia v. KASB Bank Ltd. 2014 CLD 1548; Balochistan Glass Ltd. v. Bank Al-Falah Ltd. 2015 CLD 52; Balochistan Trading Company v. National Bank of Pakistan 1998 SCMR 1899; Bank of Punjab v. International Ceramics Ltd. PLD 2013 Lah. 487; Pakistan Industrial Credit and Investment Corporation Limited v. Government of Pakistan 2002 SCMR 496; Tri-Star Polyester Ltd. v. Citi Bank 2001 SCMR 410 and Pakistan Fisheries Ltd. v. United Bank Ltd. PLD 1993 SC 109 ref. THIS JUDGMENT DELIVERED BY: ADNAN IQBAL…
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