Law: Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997

Section: 21(5)

  Banking Companies (Recovery of Loans, Advances, Credits Finances) Act (XV of 1997) S. 21(5)---Appeal against interlocutory order of Special Court-- Maintainability---Order passed by Special Court was neither suffering from any illegality or impropriety nor was passed without jurisdiction---Appeal against said order being not maintainable under S.21(5) of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 was dismissed.                                                                                                                       ORDER MUHAMMAD ASHRAF LEGHARI, J.--- The appellant through this 1st Civil Appeal has impugned the order, dated 20-1-2000 passed by the learned Banking Court-I in Execution Application No. 15 of 1998. The facts in brief are that respondent No.1 during his lifetime on 4-5-1993 obtained financial assistance from the appellant United Bank Limited to purchase Nissan Truck under the Prime Minister Incentive Scheme introduced by the then Prime Minister of Pakistan. The truck was handed over for a sale price at Rs.6,91,342, after mark-up, the price was raised to Rs.10,24,050. Thereafter, the truck was handed over by the appellant to respondent No.1. The respondent failed to pay installments, therefore, the Bank filed suit, which was decreed. The execution application was filed for the satisfaction of decree and the vehicle bearing Registration No.0819, Chassis No.2416, Engine No.018938 was impounded by the Bank/appellant. The respondent No. l had expired and his widow Mst. Asma filed an application under Order 9, Rule 13 read with section 151, C.P.C. for return of vehicle. The said application was allowed on 20-1-2000 and the Bank was directed to hand over the vehicle on the payment of amount to the tune of Rs.5,00,000 by respondent No. 1. The aforesaid order is impugned in this appeal. It is contended by the…