| Citation(s) |
|---|
| 2002 SLG 2078 2002 SLD 2078 2002 CLD 137 |
Sindh High Court
Constitutional Petition No.D 1685 of 2000 and Miscellaneous No.4697 of 2000 in Suit No.366 of 1999, decision dated: 10-04-2001.
SAIYED SAEED ASHHAD, C.J. AND WAHID BUX BROHI, J
M. Shaiq Usmani for Petitioner. A.R. Akhtar for
Respondent No. 1.
Constitutional Petition No.D 1685 of 2000 and Miscellaneous No.4697 of 2000 in Suit No.366 of 1999, decision dated: 10-04-2001.
SAIYED SAEED ASHHAD, C.J. AND WAHID BUX BROHI, J
M. Shaiq Usmani for Petitioner. A.R. Akhtar for
Respondent No. 1.
Ms. AFSHAN AHMED er
VS
. Messrs HABIB BANK LIMITED and another --Respondents Messrs Central Cotton Mills Limited and another v. Messrs Atlas Bot Lease and others 1998 SCMR 2352 and Messrs Abdul Aziz Ayoob v. Assistant Collector of Customs and 3 others P
Law:
Section:
(a) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) S.21(1) Appeal Scope Order or decision not falling within the definition of the decree/order/sentence as specified in S.21(1) of the Act cannot be challenged by way of an appeal under S.21 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997. (b) Constitution of Pakistan (1973) Art.l99 Constitutional petition Interlocutory order ¬Constitutional petition against such order Maintainability ¬Where statute does not provide appeal against interlocutory order, then the same cannot be challenged by way of a Constitutional petition as allowing such an order to be impugned by way of a Constitutional petition would amount to negating the provisions of the statute which 'does not provide for an appeal against an interlocutory order. Syed Saghir Ahmed Naqvi v. Province of Sindh and another 1996 SCMR 1165 and Muhammad Iftikhar Mohmand v. Javed Muhammad and 3 others 1998 SCMR 328 ref. (c) Interpretation of statutes Object of statute Duty of Court Court should not act in a manner by which the object of a statute is defeated and the same is rendered nugatory. (d) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) S.21 Civil Procedure Code (V of 1908), 0.1, R.10 ¬Constitution of Pakistan (1973), Art.199 Constitutional petition Maintainability Assailing order of Banking Court passed on application under O.I, R.10, C.P.C., in Constitutional jurisdiction Validity Where Banking Court had passed separate order on application under O.I, R.10, C.P.C. filed by the petitioner, the same could easily be made ground for attack in the appeal to be filed against the final Constitutional petition was not maintainable in circumstances. Bolan Bank Limited v. Capricorn Enterprise (Pvt.) Limited 1998 SCMR 1961; Muhammad Ayub Butt v. Allied Bank Limited PLD 1981 SC 359 and Pakistan v. Special Court (Banking), Sindh and others 1991 SCMR 2355 ref. (e) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) Ss.7 & 9 Banking Companies (Recovery of Loans) Ordinance (XIX of 1979), Ss.6 & 7 Provisions of…
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