Law:

Section:

Financial Institutions (Recovery of Finances) Ordnance (XLVI of 2001) Ss.5, 7(6) & 29(2) Civil Procedure Code (V of 1908), OVII, R.10 & O.XXXVII Banff Tribunals Ordinance (LVIII of 1984), S.6(1)(a) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997), Ss. 7(6) & 28 ¬ Constitution of Pakistan (1973), Art 199 Constitutional petition ¬Return of Customer's suit against Bank for recovery of pledged forwarding compensation thereof Civil Court on account of lack of jurisdiction transferred such suit to Banking Court Banking Court after recording evidence and hearing the arguments, returned the plaint to customer for its presentation before proper forum Contention was that customer was in doldrums who, on account of said two s had been left without any remedy Validity Customer fwd suit on 23 2 1985; when Bang Tribunals Ordinance, 1984, was in force and by virtue off S.6(1) thereof, only Banking Company was competent to against its customer, whereas customer had to resort to Courts of plenary jurisdiction for seeking his remedy against Banking Company Only Civil Courts, at the relevant time, had jurisdiction in such matters, thus, transfer of customer's suit by Civil Court was not warranted by law Banking Tribunals Ordinance, 1984 was repealed by S.28 of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997, which came into force on 31 5 1997 and by virtue of S. 7(6) thereof, all proceedings pending before Special Courts or other Courts including High Court stood automatically transferred to newly constituted Banking Courts If original order of transfer of suit passed by Civil Court was considered to be illegal, even then perforce of S.7(6) of Act 1997, suit filed by customer would be deemed to have been transferred to Banking Court When impugned order was passed, Act of 1997 was in force, thus suit filled by customer would be deemed to be pending before Banking Court, which was bound to decide same in accordance with law Impugned order having been passed against such express provisions of law, could not be upheld Financial Institutions (Recovery of Finances) Ordinance, 2001, came into force on 30 8…

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