Law:

Section:

Banking Tribunals Ordinance (LVIII of 1984)-------S.6---Civil Procedure Code (V of 1908), O.XXI, R.23-A & S.151---Constitution of Pakistan (1973), Art. 185(3)--¬Recovery of Bank loan---Execution of decree---Objection to maintainability of decree---Non filing of appeal---Judgment and decree passed by Banking Tribunal had attained finality as the borrower did not file any appeal against the same---High Court had in other cases declared certain provisions of Banking Tribunals Ordinance, 1984, as unconstitutional---Objection was raised by the borrower during the execution proceedings, to maintainability of the decree on the basis of the by the High Court---Banking Court and High Court dismissed the objection petition filed by the borrower---Contention of the borrower was that since the s and decrees passed by the Tribunal constituted under Banking Tribunals Ordinance, 1984, were set aside as its very constitution was declared unconstitutional, therefore, the decree passed against the borrower was rendered coram non judice and execution proceedings could not proceed---Validity---Decree was passed as far back as 10-11-1993 after five years of institution of the suit for recovery---No appeal as provided under Banking Tribunals Ordinance, 1984, was filed by the borrower---Bank was well within its right to initiate execution proceedings against the borrower---Supreme Court declined to interfere with the orders passed by High Court--¬Leave to appeal was refused. Soneri Bank Limited through Mian Abdul Wajid, EVP and another v. Raja Weaving Mills Limited, and another KLR 1997 Civil Cases 742 ref. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 14-2-2002 of the Lahore High Court, Lahore, whereby Writ Petition No. 12374 of 1999 filed by the petitioner was dismissed. Briefly stated facts of the case are that respondent No. 1 filed a suit on 24-2-1988 before the Banking Tribunal constituted under the Banking Tribunals Ordinance, 1984 (since repealed), hereinafter referred to as the Tribunal, for the recovery of Rs.12,84,094.71 with liquidated damages at the rate of 20 per cent. This suit was decreed for a sum of Rs.10,06,786.81 by the,…

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