| Citation(s) |
|---|
| 1999 SLG 1038 1999 SLD 1038 1999 CLC 1671 |
Sindh High Court
Constitutional Petition No.423 of 1993, decision dated: 5-03-1999
RANA BHAGWAN DAS AND ZAHID KURBAN ALAVI, JJ
Syed Jehangir Hussain Shah for Petitioner. Mirza Zainul Abidin for
Respondent No. 1. Nemo for
Respondents Nos.2 and 3
Constitutional Petition No.423 of 1993, decision dated: 5-03-1999
RANA BHAGWAN DAS AND ZAHID KURBAN ALAVI, JJ
Syed Jehangir Hussain Shah for Petitioner. Mirza Zainul Abidin for
Respondent No. 1. Nemo for
Respondents Nos.2 and 3
AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN through Manager
VS
WALI MUHAMMAD and 2 others
Law:
Section:
(a) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)-------S. 6(4)---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Recovery of loan by Agricultural Development Bank---Civil Courts, jurisdiction of---Provisions of Banking Companies (Recovery of Loans) Ordinance, 1979, creating Special Courts for trial of suit between borrower and a Banking Company were expressly excluded in relation to the Agricultural Development Bank and initially jurisdiction of Civil Court was not barred as contemplated under S.6(4) of Banking Companies (Recovery of Loans) Ordinance, 1979--Where a preliminary decree was passed by Civil Court, against petitioner-Bank before 1-10-1992, Civil Court was duly authorised and fully competent to proceed with the suit instituted before it but where such a decree had not attained finality nor the same was executed before 1-10-1992, jurisdiction to proceed further with the proceedings was expressly ousted---Final decree and entertainment of execution proceedings in the suit: filed by the respondent/borrower by the Civil Court were transferred to the Special Court constituted under Banking Companies (Recovery of Loans) Ordinance, 1979 in circumstances. Muzaffaruddin v- Commerce Bank Ltd. 1981 CLC 665; In re: District judge, Karachi 1985 CLC 718; Nabiullah v Habib Bank Ltd. PLD 1990 Pesh. 17; Muhammad Nazeer Afandi v. I.D.B.P. PLD 1992 Pesh. 87 and A.D.B.P. v. Ch. Harvesting Company PLD 1993 Lah. 328 rel. Grain Systems (Pvt.) Ltd. v. Agricultural Development Bank 1993 SCMR 1996 fol. (b) Agriculture Development Bank Ordinance (IV of 1961)----- ----S. 25(2)---West Pakistan Land Revenue Act (XVII of 1967), S.172--Banking Companies (Recovery of Loans) Ordinance (XIX of 1979), S.6(4)--Constitution of Pakistan (1973), Art. 199---Constitutional petition--Maintainability---Where matter related to recovery of loan as arrears of land revenue, same might be agitated before the Special Court in the suit itself or in the execution proceedings of decree that might follow but not in Constitutional petition. JUDGMENT RANA BHAGWAN DAS, J.--- Through this Constitutional petition petitioner Agricultural Development Bank of Pakistan…
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