Law:

Section:

(a) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)-------Ss.12 & 11---Civil Procedure Code (V of 1908), S.47---Constitution of Pakistan (1973), Art. 199---Right of appeal available but not availed--­Constitutional petition---Competency---Non-confirmation of auction proceedings by Special Court (Banking)---Re-auction of property of -debtors ordered---Validity---Petitioner's plea that auction had been conducted under provision of S.47, C.P.C. and not under Banking Companies (Recovery of Loans) Ordinance, 1979, therefore, provisions of Banking Companies Ordinance, 1979 would not be applicable; had no force for order in question was passed by Special Banking Court---Provision of S.12, Banking Companies (Recovery of Loans) Ordinance provided for appeal against any order of Special Banking Court---Adoption of procedure laid down in C.P.C. for purpose of conducting auction would not take impugned order out of the ambit of orders passed by Banking Court for which appeal is provided in S.12 of the Ordinance---Provision of S.11, Banking Companies (Recovery of Loans) Ordinance, 1979, prohibits scrutiny of any order passed by Special Court Banking through proceedings other than those provided under S.12 of the Ordinance---Constitutional petition was, thus not maintainable in circumstances. M/s. Associated Cement Companies v. Pakistan and others PLD 1978 SC 151 and M/s. Sarbaz Cement Ltd. through Manager v. Bankers Equity Ltd. and 8 others 1996 SCMR 88 ref. (b) Civil Procedure Code (V of 1908)--- ----First Sched., Appendix E, Form No. 29---Constitution of Pakistan (1973), Art. 199---Re-auction of attached property---Highest bidder of first auction objecting to re-auction---Petitioner's locus standi to challenge re-auction--­Auction had been conducted in pursuance of order of Special Court (Banking) in which terms and conditions of auction had been approved and included in proclamation---Petitioner participated in auction with full knowledge of those conditions which were in conformity with Form No.29 in Appendix E, First Sched. of C.P.C.---One of the conditions was to the effect that higher bidder would be declared successful subject to confirmation by…

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