Law:

Section:

(a) Banking Tribunals Ordinance (LVIII of 1984) S.5 Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.5 Powers and jurisdiction Banking Tribunal has no jurisdiction to adjudicate upon any suit or pass any where the superior Court has declared certain provisions of the Banking Tribunals Ordinance, 1984 and the notifications appointing the Presiding Officers of that Tribunal as un-Constitutional Any decrees passed by the Banking Tribunal were to beset aside, in circumstances. Messrs Chenab Cement Product (Pvt.) Ltd. and others v. Banking Tribunal, Lahore and others PLD 1996 Lah. 672 and Syed Frasat Ali Shah v. Allied Bank of Pakistan Ltd. 2002 CLD 759 ref. (b) Banking Tribunals Ordnance (LVIII of 1984) S.7 Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.5 Past and closed cases Declarations made in the Chenab Cement Product neither to affect cases past and closed nor invalidate the s/decrees, which had become final Where, the decree passed by the Banking Tribunal was not challenged by way of instituting the appeal but was called into question only through a Constitutional petition which was subsequently disposed of, the decree passed by the Banking Tribunal would be considered to be past and closed case and final When, however, the decree passed by the Banking Tribunal was challenged by way of instituting the appeal and was also called into question through a Constitutional petition, where the latter was subsequently disposed of, the decree passed by the Banking Tribunal would not be considered to be past and closed case and would thus be set aside Appellant's appeal was against the and decree that was passed before the in Chenab Product's case, and the same was challenged through filing of the appeal as well as Constitutional petition the decree under appeal did not fall within the terms of past and closed cases' accordingly, the suit for the recovery was to be deemed pending before the newly constituted Banking Court, established under S.5 of Financial Institutions (Recovery of Finances) Ordinance, 2001 to be decided afresh. Messrs Chenab Cement Product (Pvt) Ltd. and others v. Banking Tribunal, Lahore and others…

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