Law:

Section:

Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) ----S. 12 Constitution of Pakistan (1973), Art. 185(3) Ex parte decree, setting aside of Constitutional jurisdiction of Supreme Court Factual inquiry Scope Despite service of notice in ordinary course as well as by publication, the borrower did not appear before Banking Court and instead moved application under S.12 of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 Application was dismissed and ex parte decree was maintained Validity Order passed by High Court was just, fair and equitable Supreme 'Court observed that' in case the borrower felt that, he was not liable to pay the decretal amount or that certain amount credited by him had not been adjusted by the Bank, he might agitate the same before Executing Court as Supreme Court could not embark upon an inquiry into facts in the exercise of its Constitutional jurisdiction Leave to appeal was refused. ORDER RANA BHAGWANDAS, J. Petitioner seeks leave to appeal against the High Court order, dated 21 3 2002 upholding the order of the Banking Court, Lahore whereby petitioner's application under section 12 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1979) was rejected. 2. The petitioner being a credit card holder to the limit of Rs.2,45,000 was proceeded against before the Banking Court where an ex parte…

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