Law:

Section:

(a) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)-------Ss. 21 & 2(b)---Appeal against decree on an order passed by a Judge of the High Court as "Banking Court" would lie to two Judges of the same High Court. Ashira Khatoon v. Muslim Commercial Bank Ltd. and others C.A. No. 193-K of 1992 ref. (b) Banking. Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)--Ss. 210) & 18(6)---Interlocutory order by Special Court---No appeal, review or revision shall lie against any interlocutory order of the Banking Court other than an order passed under S.18(6) of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997. Ashira Khatoon v. Muslim Commercial Bank Ltd. and others C.A. No. 193-K of 1992 and Muhammad Ayub Butt v. Allied Bank Ltd. PLD 1981 SC 359 ref. (c) Banking Companies (Recovery of Loans, Advances,, Credits and Finances) Act (XV of 1997)--- ----Ss.21(5) & 18(6)---Constitution of Pakistan (1973), Art. 185(3)--­Interlocutory order passed by a Judge of the High Court as "Banking Court"--­Petition for leave to appeal to Supreme Court against such order is not competent. Ashira Khatoon v. Muslim Commercial Bank Ltd. and others C.A. .No, 193-K of 1992 and Muhammad Ayub Butt v. Allied Bank Ltd. PLD 1981 SC 359 ref. ORDER MAMOON KAZI, J.---The respondents in this case have preferred a claim against the petitioners for recovery of Rs.32,787,075 together with mark­ up. The said claim is pending before a learned Single Judge of the High Court of Sindh who is acting as Banking Court within the meaning of section 2(b) of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 (Act No. XV of 1997). The petitioners filed application for leave to appear and defend the suit which was granted by the learned Judge, vide order dated 20-3-1998, but subject to deposit of a sum of Rs.7,491,919 with the Nazir of (lie Court. The petitioners felt aggrieved as, according to them, they were entitled to leave without any condition and hence this petition, for leave to appeal. 2. Mr. Mansoorul Arfin, learned counsel for the respondents has raised a…

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