Law:

Section:

(a) Appeal (civil) Regular first appeal does not lie against an order. (b) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) Ss. 10, 12 & 21 Limitation Act (IX of 1908), S.5 Appeal ¬Limitation Applications for leave to defend Banking Court after dismissing such applications for non prosecution decreed the suit on 19 3 2001 Defendants filed application under S.12 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 for setting aside of and decree, but the same was dismissed as being not maintainable vide order, dated 18 5 2001 Defendants filed regular first appeal against and decree, dated 19 3 2001 as well as order, dated 18 5 2001 Defendants also filed first appeal against Order, dated 18 5 2001 Validity Defendants applied for certified copies of impugned and decree after 65 days of its passing i.e. on 24 5 2001, when period of 30 days prescribed under S.21 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 for filing of appeal had already expired Defendants had neither filed application under S.5 of Limitation Act, 1908, for condonation of delay nor had given explanation in memorandum of appeal for preferring appeal beyond prescribed period of limitation Regular First Appeal thus was grossly time barred Regular First Appeal would not lie against the impugned order High Court declined to entertain regular first appeal against order, dated 18 5 2001, which had already been challenged in first appeal against order and had been admitted for regular hearing ¬Defendants could not file two appeals against the same order ¬High Court dismissed the regular first appeal in circumstances. JUDGMENT MIAN HAMID FAROOQ, J. The present appeal, filed under section 21 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997, calls in question the judgment and decree, dated 19 3 2001, whereby suit for recovery, filed by the respondent bank, was decreed against the appellants, and order, dated 18 5 2001, through which an application, filed under section 12 of the said Act of 1997, was dismissed. 2. Facts, in brief, leading to the filing of…

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