Law:

Section:

Banking Tribunals Ordinance (LVIII of 1984)--------S.9---Appeal---Principle of past and closed transaction--¬Setting aside of passed by Banking Tribunal on the basis of passed by High Court in case titled Messrs Chenab Cement Product Private Ltd. and others v. Banking Tribunal Lahore and others, reported PLD 1996 Lah. 672--¬Validity---Judgment and decree in the instant case was passed by Banking Tribunal before the date of rendering of the in the case of Chenab Cement Products---Appellant had challenged the through filing of present appeal, therefore, decree under appeal was not saved and the same did not fall within the term "past and closed cases"---Judgment and decree passed by Banking Tribunal was set aside and case was remanded to Banking Court constituted under S.5 of Financial Institutions (Recovery of Finances) Ordinance, 2001-- Appeal was allowed accordingly. Messrs Chenab Cement Product Private Ltd. and others v. Banking Tribunal, Lahore and others PLD 1996 Lah. 672 and Syed Farasat Ali Shah v. Allied Bank of Pakistan Writ Petition No. 12374 of 1999 rel. JUDGMENT MIAN HAMID FAROOQ, J.--This first appeal, filed by Agricultural Development Bank of Pakistan, under section 9 of the Banking Tribunals Ordinance, 1984, since repealed, proceeds against judgment and decree dated 16-6-1996, whereby, the then Banking Tribunal partially decreed appellant's suit, while rejecting the rest of its claims. 2. Briefly stated the facts of the case are that the appellant/ plaintiff filed a suit for recovery of Rs.3,13,087, against the respondent, before the then Banking Tribunal (since defunct), and pursuant to the issuance of notice under section 6(2) of the Banking Tribunals Ordinance, 1984, the defendant filed the reply to the show-cause notice. After hearing the parties, the then Banking Tribunal passed a decree for the recovery of Rs.2,61,426, against the respondent while the rest of the reliefs, claimed by the appellant, were declined vide judgment and decree dated 16-6-1996, hence the present appeal. 3. Upon the examination of the available record, we find that the impugned judgment and decree was passed by the then Banking Tribunal on 16-6-1996 and against the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492