Law:

Section:

(a) Banking Tribunals Ordinance (LVIII of 1984)-------S.5--Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.5-Powers and Jurisdiction of Banking Tribunal-Banking Tribunal had no jurisdiction to adjudicate upon any suit or pass any where the superior Court had declared certain provisions of the Banking Tribunals Ordinance, 1984 and the notifications appointing the Presiding Officers of that Tribunal as un-Constitutional. Messrs Chenab Cement Product Private Limited and others v. Banking Tribunal Lahore and others PLD 1996 Lah. 672 and Syed Farasat Ali Shah v. Allied Bank of Pakistan 2002 CLD 759 ref. (b) Banging Tribunals Ordinance (LVIII of 1984)--- -----S. 7 Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S5--Past and closed cases-Declarations made in the case of Chenab Cement Product (PLD 1996 Lah 672) was not to affect cases past and closed or invalidate the s/decrees, which had become final--Where, however, the decree passed by the Banking Tribunal was not challenged in appeal but was called into question only through a writ petition which was subsequently disposed of, the decree passed by the Banking Tribunal would be considered to be past and closed case and final by virtue of the said of Messrs Chenab Cement Product-When the decree passed by the Banking Tribunal was challenged in appeal and also by a writ petition and the latter was subsequently disposed of, the decree passed by the Banking Tribunal would not be considered to be past and closed case and would not be covered within the scope of the said and would thus be set aside---Held, as the and decree under appeal was passed after the rendering of the said it did not fall within the terms of past and closed cases' nor within the meaning and scope of the in Chenab Cement Product---Decree was set aside anal suit for the recovery was deemed pending before the newly constituted Banking Court, established under S.5 of Financial Institutions (Recovery of Finances) Ordinance, 2001 to be decided afresh. Messrs Chenab Cement Product Private Limited and others v. Banking Tribunal Lahore and others PLD 1996 Lah. 672 and Syed Farasat Ali Shah v. Allied Bank of…

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