Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss.17 & 22---Recovery of loan amount, decree for---Suit decreed by Banking Court in terms of earlier orders of High Court ---Validity---Banking Court neither misapplied nor disregarded such orders---High Court dismissed appeal against said order of Banking Court. Messrs Dadabhoy Cement Industries Limited and others v. Messrs National Development Finance Corporation 2002 CLC 166 and Syed Manzoor Hussain v. ADBP and another 2005 CLD 183 ref. ORDER The respondent-Bank brought a suit against the appellant for the recovery of an amount of Rs. 1,65,293, which was decreed by the learned Banking Court to the tune of Rs.1,48,647. However, the said decree was challenged by the appellant through a constitutional petition, which was accepted by this Court and the case was remanded with certain directions. Again the decree for a sum of Rs.55,250 was passed by the learned Banking Court on 13-2-2002. The appellant challenged the above decree in R.F.A. No.448 of 2002, which was accepted and it was held that we have no option but to set aside the impugned judgment and decree dated 13-2-2002, and remand the case to the learned Banking Court to follow the order dated 13-11-2002 of this Court in Writ Petition No.9124 of 1999 in its letter and spirit, considering it to be an order for resolving the proposition in the execution proceedings and in terms of section 47 of the C.P.C." Thereafter, the learned Banking Court, through the impugned order…

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