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

Section: 22,47

Financial Institutions (Recovery of Finances) Ordinance, 2001-- ----Ss. 22 47--Filing of suit for permanent and mandatory injunction--Transfer of motor vehicle--Ex-parte decreed--Execution proceedings--Relationship of customer and financial institution--Challenge to filed suit for permanent and mandatory injunction before Banking Court which was somehow decreed execution of which was filed and consigned to record by Banking Court through impugned order--It is settled law that suit for permanent and mandatory injunction cannot be filed before Banking Court rather to institute a suit before Banking Court--It is clear that Appellant was not customer of Bank rather it was Respondent who availed loan facility in respect of Vehicle and paid monthly installments and in this respect NOC was issued in his favour by Bank--Suit was filed by Appellant against Respondent and Bank but perusal of decree reveals that it was decreed ex-parte to extent of present Respondent however, contentions of Bank were not considered at time of passing of decree rather same was taken into account during execution proceedings--Banking Court in impugned order noted that loan was obtained by Respondent from Bank and not by Appellant because there exists no relationship of customer and financial institution between Appellant as per Section 9 of Ordinance and mentioned definitions--Therefore, Banking Court has rightly passed impugned order--No illegality in impugned order which has been passed in consonance with spirit of law, Ordinance, hence, does not call for interference by us in instant appeal--Petition was dismissed. 2017 CLD 995 and 2014 SCMR 322 ref. ORDER The Respondent has not chosen to enter appearance despite issuance of notice through ordinary mode as well as through courier service therefore, he is proceeded against ex-parte. 2. Through the instant Appeal, filed under Section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (the “Ordinance”), the Appellant seeks to set-aside order dated 29.09.2017 (the “impugned order”) passed by the Judge Banking Court, Bahawalpur (the “Banking Court”) being the Executing Court whereby execution petition was consigned to…

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