Law: Civil Procedure Code (V of 1908)

Section: 12(2),51,OrderXXI,Rule40

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

Section: 18(1),18

(a) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)-- ----Ss. 3 & 18(1)---Civil Procedure Code (V of 1908), S.51 & _O.XXI, RAO ---Constitution of Pakistan (1973), Arts.199, 4 & 10--­Constitutional petition---Execution of decree through arrest and detention of -debtor---Requirements---Expression "in such other manner as it deems fit in S.18(1), Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 only means that apart from the modes prescribed 1n, the C.P.C. and other laws the Banking Court may adopt any other method for execution of the decree provided the same is not repugnant to or in conflict with any existing law---Judgment-debtor, therefore, would not be detained in prison without fulfilling the requirement of S.51 & O.XXI, R.40, C.P.C.---Principles. The provisions of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 like any other statute, have to be harmoniously construed and one cannot lose sight of the provisions of section 3 thereof which stipulates that unless expressly provided the provisions of the Act shall be in addition to and not in derogation of any day for the time being in force. Section 51, C.P.C. provides for execution of decree through arrest and detention of a -debtor and the proviso thereof furnishes certain safeguards against the deprivation of liberty and contemplates that such power can only be exercised under certain given situations. In view of the above and keeping in view the principles that statutes affecting liberty of citizens are to be strictly construed the words "in such other manner as it deems fit" cannot be so broadly interpreted as to confer unbridled powers upon the Banking Courts to commit -debtor to prison without fulfilling the condition laid down in C.P.C. Words "in such other manner as it deems fit" only mean that apart from the modes prescribed in the C.P.C. and other laws, the Banking Court may adopt any other method for execution of decrees provided the same is not repugnant to or in conflict with any existing law. The -debtor will not, therefore, be detained in prison without fulfilling the…

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