Law:

Section:

Banking Tribunals Ordinance (LVIII of 1984)-----S.5---Decree, setting aside of---Review of ---Jurisdiction of Banking Tribunal---Judgment and decree passed by Banking Tribunal was set aside on review application---Validity---Power of review was not available to Banking Tribunal under Banking Tribunals Ordinance, 1984---Even if Banking Tribunal was of the view that the and decree sought to be reviewed suffered from any mistake apparent on the face of record, the Tribunal should have tried the suit on. merits instead of dismissing the same after recalling of decree---In absence of specific power available to Banking Tribunal under Banking Tribunals Ordinance, 1984, order passed in review application was set aside---Appeal was allowed in circumstances. Muzaffar Ali v. Muhammad Shafi PLD 1981 SC 94; Messrs Baghpotee Services (Private) Ltd. and others v. Messrs Allied Bank of Pakistan Ltd. 2001 CLC 1363; Messrs Shah Jewana Textile Mills Ltd. Lahore v. United Bank Ltd. PLD 2000 Lah. 162 and Allied Bank of Pakistan Limited v. Digital Radio Paging (Pvt.) Ltd. and 4 others 2000 CLC 1153 ref. Saudi-Pak Industrial and Agricultural Investment Company (Pvt.) Limited v. Allied Bank of Pakistan Limited and Saudi Pak Kalabagh Livestock Company Limited and in R.F.A. No.19 of 1997, decided on 19-12-2001 fol. JUDGMENT NASIM SIKANDAR, J.---This regular first appeal seeks to challenge an order recorded by the Banking Tribunal, Rawalpindi, dated 6-11-1996 whereby on a review application he set aside the judgment and decree earlier passed by the Tribunal on 14-2-1996 in re: Messrs Saudi-Pak Industrial and Agricultural Company (Pvt.) Limited v. Saudi-Pak Kala Bagh Live Stock Company Limited, Islamabad etc. The operative part of the order reads as under:--- "Whereas now it is established that plaintiff SAPICO was himself sponsor of the petitioner/defendant-company and they have nominated two above mentioned directors along with A.D.B.P., SAPICO was also Chairman of the Board of Directors and then the second Chairman was of the A.D.B.P. while decreeing a suit against a company all the Directors of the Board of Directors are jointly and severally responsible of the liabilities against…

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