Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 25-A & 5(r)---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss.7(4) & 4---Settlement of disputes--­Procedure---Amount of liability of a borrower has to be determined through judicial disposition by a Civil or a Banking Court and once such determination attains finality or is not disputed, the mechanism provided under the National Accountability Ordinance, 1999, can be invoked. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9, 10, 25-A & 5(r)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Payment of loans etc.---Settlement of disputes--­Stay of criminal proceedings---Accused had disputed the amount of liability and had alleged breach on the part of the respondent Bank in respect of the terms of loan facility, which had already filed a suit for recovery under the Banking jurisdiction---Respondent Bank having chosen to invoke jurisdiction of Court under one special legislation could not be permitted to change its track and invoke penal proceedings under another special legislation which would render the former proceedings infructuous---Proceedings initiated through the impugned show-cause notice under S.5(r) of the National Accountability Ordinance, 1999, against the accused were consequently stayed until final adjudication of the amount due against them by the judicial proceedings instituted by the Bank---Constitutional petition was disposed of accordingly. Agricultural Development Bank of Pakistan v. Sanaullah Khan PLD 1988 SC 67; Abdul Shakoor Kaloodi v. The State 2003 PCr.LJ 626; Abdul Majid v. Governor State Bank of Pakistan and others C.P. No.D-24 of 2004; Criminal Accountability Appeal No.4 of 2001 and Brigadier (R) Mazharul Haq and another v. Messrs Muslim Commercial Bank Limited and another PLD 1993 Lah. 706 ref. JUDGMENT MUHAMMAD AFZAL SOOMRO, J.---Petitioners, Asim Textile Mills Limited and others appear to be aggrieved by the letter/reply written on behalf of Respondent No. 2, dated 3-6-2003 refusing interference with the matter in respect of the complaint moved by the Petitioners against Respondent No.3. 2.…

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