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

Section: 9,12,22

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9, 12, 22---Recovery of finances---Ex-parte decree, setting aside of---Authority to file suit---Service of process---Change of address---Effect---Suit filed by respondent Bank was decreed ex-parte by Banking Court in favour of respondent Bank and against appellants/defendants---Plea raised by appellants/defendants was that the suit was not filed by person competent to file the same nor process was not served upon them---Validity---Plaint was filed by respondent Bank through branch manager in terms of S. 9 of Financial Institutions (Recovery of Finances) Ordinance, 2001---Appellants/ defendants were under obligation to intimate Bank about change of their address but such obligation was not discharged and change of address was not conveyed---Such omission on the part of appellants/defendants was fatal and they were to suffer for the same---Appellants/defendants could not claim setting aside of decree on ground that due to change of address, they were not properly served---High Court declined to interfere in and decree passed by Banking Court---Appeal was dismissed, in circumstances. Messrs Ahmad Autos and another v. Allied Bank of Pakistan Limited PLD 1990 SC 497; Abdul Sattar v. Bank of Punjab through Branch Manager 2017 CLD 1247; Naseem Ullah Khan v. United Bank Limited 2007 CLD 1552 and Dr. Javed Iqbal and 2 others v. Askari Bank Limited through Attorney 2017 CLD 1140 rel. Date of hearing: 31st May, 2022. JUDGMENT MUZAMIL AKHTAR SHABIR, J.---Through this First Appeal against Order filed under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 ('F.I.O., 2001'), the appellants have called in question order dated 18.05.2017 passed by Judge Banking Court No.IV, Lahore ('Banking Court'), whereby application filed by the appellants under section 12 of the F.I.O., 2001 read with section 12(2) of the C.P.C for setting aside ex-parte judgment and decree dated 04.05.2010 has been dismissed. 2. It is contended by the learned counsel for the appellants that incorrect addresses of the appellants were mentioned in the plaint and they were not properly served before…

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