Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 19---Civil Procedure Code (V of 1908), O.XXI, R. 19--¬Constitution of Pakistan (1973), Art. 199---Constitutional petition---Interpretation of S. 19, Financial Institutions (Recovery of Finances) Ordinance, 2001---Execution of decree and sale of property with or without intervention of Banking Court---Applicability of O. XXI, R. 19, C.P.C.--¬Scope---Objection/claim raised before the Banking Court was to be dealt with under S. 19(7), Financial Institutions (Recovery of Finances) Ordinance, 2001 to which C.P.C. was not applicable and the condition imposed by the Banking Court directing the objector to deposit a certain amount as 20% under O. XXI, R. 19, C.P.C. was illegal According to subsection (2) of section 19, Financial Institutions (Recovery of Finances) Ordinance, 2001 the decree passed by the Banking Court is executable in accordance with the provisions of C.P.C. However, if a Financial Institution intends to sell the mortgaged property on its own under subsection (3) then permission can be granted by the Banking Court to do so. However, for that purpose, if some body has an objection to such an auction/sale then he can file objections/ claims under subsection (7) of section 19 of the Ordinance which clearly ousts the provisions of C.P.C. for the determination of such claims/objections which are to be dealt in a summary manner. Section 19 of the Ordinance also provides certain penalties for false claims on the one hand and a false or incorrect defence by the Financial Institution on the other side. The objection/claim raised by the objector before the Banking Court should have been dealt under subsection (7) of section 19 to which C.P.C. was not applicable and the condition imposed by the Banking Court directing the objector to deposit a certain sum of money as 20% under Order XXI rule 19, C.P.C. was illegal. JUDGMENT MUHAMMAD KHALID ALVI, J.---With the concurrence of the learned counsel for the parties this case is treated as a "pacca" case. 2. Brief facts of the case are that respondent No. 1 filed a suit .for recovery against the petitioner and respondents Nos.3 to 5. This…

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