Law:

Section:

Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)-------S.21---Limitation Act (IX of 1908), Ss.5, 29(2) & Art.156---Appeal before High Court against /decree of Banking Court---Condonation of delay---Application under S.5 of Limitation Act, 1908---Maintainability---Under ordinary law, period of 90 days was prescribed under Art.156 of Limitation Act.1908 for filing first appeal before High Court---Provisions of Financial Institutions (Recovery of Finances) Ordinance, 2001 being a special law would govern the appeal, and S.21(1) thereof prescribed a period of 30 days for filing such appeal---Such special law had provided different periods of limitation than ordinary law for filing the appeal---Held: S.5 of Limitation Act, 1908 would not apply to the present appeal---Such application was misconceived and not maintainable. Allah Ditta v. Farooq Ahmad and 3 others PLD 1979 Lah. 917; Bashir Ahmad and another v. Messrs Habib Bank Ltd. 1990 CLC 1105; Messrs Conoco Industries (Pvt.) Ltd. and 3 others v. United Bank Limited, Lahore and another 2004 CLD 472; Sheikh Muhammad Kashif v. Askari Leasing Limited through Manager/Chief Executive of Branch/Recovery Officer 2004 CLD 1645 and Ali Muhammad and another v. Fazal Hussain and others 1983 SCMR 1239 rel. JUDGMENT MIAN HAMID FAROOQ, J.--Muslim Commercial Bank, through the filing of the present appeal, under section 21 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997, (hereinafter referred to as Act XV of 1997), has called in question order dated 27-2-1999, whereby the learned Judge Banking Court dismissed its execution petition. 2. Instant appeal is admittedly, barred by time as such the appellants have filed the application (C.M. No.1-C of 1999) for condonation of delay. The only ground urged in the said application is that the delay in filing the appeal is bona fide and due to the reason that the office did not inform the appellant or its learned counsel about the objections raised by it. 3. Firstly, the aforenoted application for condonation of delay is adverted to. Learned counsel for the appellants, in support of the said application, has…

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