Law:

Section:

(a) Review------ Defined.Black's Law Dictionary, VIth Edn. ref. (b) Banking Companies (Recovery of Loans, Advances; Credits and Finances) Act (XV of 1997)--- ---S. 27---"Review" and "recalling of order"---Distinction---Non-appearance of a party---Recalling of the order was passed on account of such non-appearance---Clear distinction between review of an earlier order and recalling order passed on account of non-appearance of a party exist---In review the merits of an earlier order are considered but in recalling the order only the cause of non-appearance is to be taken into consideration---Power, in case of review must be conferred by statute but in case of recalling the power stems from the principles of natural justice required to be read into every law---Review of order is excluded by S.27 of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997, but the recalling of order passed on account of' non-appearance of a party remains available to the Banking Court. (c) Review--- ---- Power to review must be expressly conferred by law as no question of any such implied power can possibly arise. (d) Banking Companies (Recovery of Loans, .Advances, Credits and Finances) Act (XV of 1997)--- ----S. .27--Restoration of application dismissed for non-appearance--­Banking Court, jurisdiction of---Application filed by the appellant was dismissed by Banking Court due to his non-appearance and the Court refused to restore the same because of bar contained in~S.27 of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997--­Validity---Power to recall ex pane order Was altogether different power than one of review and the same emanated from a different source---Where the Banking Court decided the application on the question of jurisdiction without considering the merits i.e. sufficiency of the cause of non-appearance of the appellant, the provisions of S.27 of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997, were not applicable---Order passed by the Banking Court was set aside and the case was remanded for decision afresh---Appeal was allowed accordingly. Muhammad Aslam Mirza v., Khursheed Begum…

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