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

Section: 9, 22

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9 & 22---Suit for recovery of finance---Process, non-service of---Effect---Appellant / borrower assailed judgment and decree passed by Banking Court on the plea that no process was ever served upon him---Validity---Report of bailiff and courier service regarding service upon appellant / borrower was silent---It was the prime duty of Banking Court to ascertain as to whether service of summons was duly served upon appellant / borrower or not---Report of bailiff and courier service acknowledgement were not available on record---Provision of S. 9(5) of Financial Institutions (Recovery of Finances) Ordinance, 2001 was not complied with in letter and spirit and appellant / borrower was condemned unheard---High Court set aside judgment and decree passed against appellant / borrower and matter was remanded to Banking Court for trial afresh---High Court directed Banking Court to provide opportunity to appellant/borrower to file leave to defend application---Appeal was allowed accordingly.Mubarak Ali v. First Prudential Modaraba 2011 SCMR 1496 and Province of the Punjab through Member Board of Revenue (Residual Properties) Lahore and others v. Muhammad Hussain through Legal Heirs and others PLD 1993 SC 147 rel.JUDGMENTSARDAR AHMAD HALEEMI, J.----This High Court Appeal under Section 22 of Financial Institutions (Recovery of Finances) Ordinance, 2001 (hereinafter "the Ordinance, 2001) is directed against the judgment and decree dated 18.10.2021 (hereinafter "the impugned judgment and decree") passed by learned Banking Court Balochistan, Quetta (hereinafter "the trial Court") whereby, the suit under Section 9 of the Ordinance, 2001 for the recovery of amount Rs.1,465,261/- filed by respondent/bank was decreed.2. Succinct facts leading to the instant case are that National Bank of Pakistan (NBP) through its Branch Manager, Dera Murad Jamali (respondent bank) filed suit No.47 of 2021 against the appellants for recovery of Rs.1,465,261/- with the averments that appellant No.1 approached the respondent bank for grant of agriculture production Finance facility of Rs.900,000/-, which was…

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