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

Section: XLVI,10(2)

Law: Limitation Act, 1908

Section: 5

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S.10---Limitation Act (IX of 1908), S. 5---Suit for recovery of finance---Leave to defend the suit, filing of---Limitation---Issuance of process on wrong address--Effect---Invalid Service---Appellant / Defendant sought condonation of delay in filing of application for leave to Defend on the plea of issue of process on wrong address---Validity---Service via registered post and courier directed to old, incorrect registered address instead of current registered office, constituted invalid service---Limitation period for filing application for leave to defend the suit had not commenced and application was filed within the prescribed timeframe--Calculating 30-day period for filing of leave to defend application from date of receiving notice through Court Bailiff on 24-7-2023, the application was well within the prescribed timeframe---Computing 30-day period for filing leave to defend application from date of newspaper publications i.e. 12-7-2023, there was delay of two days in filing the application on 15-8-2023---High Court condoned delay in terms of proviso to S. 10(2) of Financial Institutions (Recovery of Finances) Ordinance, 2001---High Court treated application filed under S. 5 of Limitation Act, 1908 as application under S. 10(2) of Financial Institutions (Recovery of Finances) Ordinance, 2001 and allowed the same---As long as a court has jurisdiction to hear and decide an application or a case citing an incorrect legal provision does not impede its ability to exercise that authority---High Court allowed respondent/bank to file its replication if so required---Application was allowed accordingly.Ayub Raza v. Bank Al Falah 2019 CLD 602; The Bank of Punjab v. Hascol Petroleum Limited Banking Suit No.B-45/2022; Deutsche Bank v. Fateh Textile Mills 2019 CLD 285; J.S. Bank v. Landhi Steel Mill 2018 CLD 1016; NazirHussain v. Bank of Punjab 2007 CLD 687; Mubarak Ali v. First Prudential Modaraba 2011 SCMR 1496; Muhammad Amin v. National Bank of Pakistan 2021 CLD 553; Muhammad Yaqoob Akhtar v. Habib Bank Ltd. 2009 CLD 1699; Aamer Enterprises v. United Bank Limited 2009 CLD 342; Zarai…