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

Section: 10

Law: Constitution of Pakistan, 1973

Section: 199

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 10---Leave to defend the suit---Barred by time---Condonation of delay, non-seeking of---Petitioner/defendant was aggrieved of dismissal of his application for leave to defend the suit as the same was barred by 270 days---Validity---Despite filing application for leave to defend after much delay, no application for condonation of delay was filed and at the same time no plausible or sufficient cause/reason was forwarded for such delay---Order passed by Banking Court was silent about any verbal request made by petitioner/defendant at relevant time for condonation of delay---High Court declined to interfere in the order passed by Banking Court as application for leave to defend the suit was hit by limitation and was rightly dismissed---Constitutional petition was dismissed, in circumstances. Najam Iqbal v. Mst. Naseem Akhtar 2014 YLR 1388 distinguished. 2004 CLD 732 rel. ORDER FAZAL SUBHAN, J.---Through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner i.e., Zarai Tariqiayati Bank Limited (hereinafter referred to as "bank") has sought indulgence of this Court and has challenged the order dated 11.05.2022 passed by the learned Judge Banking Court-1, Peshawar, whereby application of the petitioner for leave to defend the suit was dismissed. 2. Brief but relevant facts of the case are that respondent No.1 applied to the ZTBL for advancement of loan, more precisely, for installation of tube well and to secure the loan land measuring thirty two and a half Jareeb was mortgaged with the bank. The respondent No.1 was paying the amount when he received a notice of payment of Rs.15,73000/-, an amount much more excessive against the loan already received, therefore he instituted a suit for rendition of account with further prayers for permanent/mandatory injunction restraining the present petitioner from sale of the mortgaged property. On filing the suit, the learned Banking Court issued notices to the petitioner who appeared through representative and filed application for leave to defend, which was further replied by the respondent…

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