Law: Constitution of Pakistan, 1973

Section: 199

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

Section: 10,22,13

Constitution of Pakistan--- ----Art. 199---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss. 10, 22 & 13--- Constitutional petition---Suit for recovery---Leave to defend, application for---Constitutional petition against order of Banking Court rejecting or allowing application for leave to defend in a suit for recovery---Scope---Financial Institutions (Recovery of Finances) Ordinance 2001 contemplated expeditious decisions on matters relating to Financial Institutions---Such intent could be seen in S.13 of the Ordinance which provided that in a suit where leave to defend was granted, the case should be disposed of within a period of ninety days---Section 22 of the Ordinance, therefore, prevented appeal, review or revision of an order granting leave so that cases could be decided as soon as possible once the stage of application for leave to defend was over---In such a situation, filing a constitutional petition against order granting or rejecting leave to defend would defeat the object of the Financial Institutions (Recovery of Finances) Ordinance, 2001---High Court held that the general rule was that constitutional petition would not lie against an order granting or rejecting leave to defend and observed that constitutional petition would be maintainable in exceptional circumstances where the petitioner could show a blatant illegality in the impugned order, such as that the Banking Court had not followed the express mandate of law or that the Banking Court had exercised its powers outside the jurisdiction conferred upon it---In order to meet the ends of justice, constitutional petition would be maintainable in such circumstances. Sheikh Abdul Sattar Lasi and another v. Judge Banking Court 2007 CLD 69; Messrs United Bank Ltd. through Authorised Attorneys v. Banking Court No.II and 2 others 2012 CLD 1556; United Bank Ltd. v. Presiding Officer, Banking Court No.2, Karachi and 6 others 2011 CLD 931 and Agricultural Development Bank of Pakistan and others v. Yar Muhammad and others 2004 CLD 1084 distinguished. Messrs Sajid Brothers and Co. through Proprietor and 2 others v. Manager, Allied Bank Limited and 8 others 2012 CLD 1858 rel.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492