Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 15--- Constitution of Pakistan, Art.199---Constitutional petition---Sale of mortgaged property---Petitioner impugned action of sale of his mortgaged property by the respondent Bank under S.15 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 on the ground that S.15 of the Ordinance had been declared unconstitutional by the Full Bench of the Lahore High Court in Muhammad Umer Rathore v. Federation of Pakistan (2009 CLD 257)---Validity---Full Bench was a declaratory one with respect to the validity of a law and its effect therefore operated in rem---Bank's recovery of dues by the sale of the mortgaged property under S.15 of the Ordinance was declared to be illegal; and present declaration was made in personam and did not impair the Bank's right to obtain recovery through lawful processes including by way of filing a suit for recovery before a competent Banking Court---Constitutional petition was allowed accordingly. Muhammad Umer Rathore v. Federation of Pakistan 2009 CLD 257 fol. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 15--- Constitution of Pakistan, Art.199---Constitutional petition---Sale of mortgaged property---Petitioner impugned action of sale of his mortgaged property by the respondent Bank under S.15 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 on the ground that S.15 of the Ordinance had been declared unconstitutional by Full Bench of the Lahore High Court in Muhammad Umer Rathore v. Federation of Pakistan (2009 CLD 257)---Validity---Contention of the respondent Bank was that Supreme Court had suspended said of the Full Bench of High Court in 2009 CLD 257 which had declared S.15 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 to be unconstitutional---Held, said suspensory order of the Supreme Court was to have effect inter partes only and was not a in rem. ORDER UMAR ATA BANDIAL, J.---The respondent bank has filed parawise comments that address the factual points but not the legal question raised in…

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