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

Section: 9,15

Law: Constitution of Pakistan, 1973

Section: 199

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9 & 15---Constitution of Pakistan, Art. 199---Constitutional petition---Civil and criminal proceedings---Petitioner was aggrieved of initiation of criminal proceedings against him on the subject matter of civil litigation pending before Banking Court---Validity---Allowing Anti-Corruption Establishment to proceed with the matter and give certain findings about disputed mortgage would affect outcome of civil suits pending before Banking Court and thereby grave injustice would be done to the parties---When civil suits were pending adjudication regarding authenticity of mortgage deed and specific issue was framed, then such question could be thoroughly thrashed out by Banking Court---Civil litigations regarding loan facility was pending adjudication before Banking Court, therefore, initiating criminal proceedings simultaneously would affect result of civil litigations particularly when validity of mortgage was in dispute---High Court suspended inquiry initiated on the complaint of respondents till final decision of the suits---Petition was allowed in circumstances. Muhammad Akbar v. The State PLD 1968 SC 281; Abdul Haleem v. The State and others 1982 SCMR 988; Mst. Kausar Zafar Ullah and another v. The State and others 2013 PCr.LJ 301; Muhammad Tufail v. The State and another 1979 SCMR 437; A. Habib Ahmad v. M.K. G. Scott Christain and 5 others PLD 1992 SC 353; Akhlaq Hussain Kayani v. Zafar Iqbal Kiyani and others 2010 SCMR 1835 and Riaz ul Haq v. Muhammad Ashiq Jorah and others 2000 SCMR 991 ref. Muhammad Akbar v. The State PLD 1968 SC 281 rel. THIS JUDGMENT DELIVERED BY: IJAZ ANWAR, JUSTICE:---.---Petitioner through the instant writ petition has prayed that the office order/letter No. 2214/ACE, dated 28.3.2013 issued by respondent No.2 be declared as illegal, unreasonable and uncalled for and respondents Nos.1 to 3 be restrained from taking or demanding original mortgage/loan documents from the petitioner-bank. 2. Background of the case is that the petitioner is Banking Company, incorporated under the Banking Companies Ordinance, 1962, while the respondent No.4 is a public…

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