Law:

Section:

(a) Law Reforms Ordinance (XII of 1972)--S. 3---Intra Court appeals---Maintainability of two appeals filed by company, was objected to on the ground that either the resolution of Board of Directors of the company was not available or it was too vague to be considered as a valid authority to the persons who had filed the appeals---Extract of minutes of the meeting of the Board of Directors of the company, with regard to one appeal, was available in record which had seal of the company affixed thereon---Said resolution had authorized the Chief Executive of the company to represent the company which appeared to be sufficient authorization of Chief Executive of the company to institute appeal on behalf of the company---Said appeal, in circumstances, was maintainable in its form and authority---No resolution of the company was on record authorizing the eight persons named in the other appeal to represent the company in the filing of the appeal---Memo of said appeal was silent on their interest in mortgaged property---Other appeal, in circumstances, was not maintainable on that legal score, alone. 1999 MLD 2127; PLD 1993 Lah. 706; 2003 CLD 1157; 2003 CLD 956; 2002 CLD 1071; 2005 CLD 1511; 2007 CLD 712; Khan Iftikhar Hussain Khan of Mamdot v. Messrs Ghulam Nabi Corporation Ltd. PLD 1971 SC 550 and Hibro Instruments (Pvt.) Ltd. v. Mst. Sikandar Begum 2007 MLD 1270 rel. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 4, 7(1)(a), 9(4)(5), 19(2)(7) & 22---Civil Procedure Code (V of 1908), Ss. 4, 96, 104, 141, O.XLIII, R.1(J)---Appeal, maintainability of---Maintainability of appeal was objected to on the ground that when a clear provision of appeal had been provided under S.22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, appeal under Code of Civil Procedure, 1908, was not maintainable---Appeal filed by appellant company, purported to have been filed under S.96 of C.P.C. and said provision, did not relate to the facts of the case, as same related to an appeal against a decree---In the present case, the company was aggrieved of an order of the Banking Judge, confirming the sale of auction and rejection of the…

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