Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) Ss. 9, 10 & 22 Civil Procedure Code (V of 1908), O.XXXIX, R. 1 Specific Relief Act (I of 1877), Ss. 42 & 55 ¬Suit for rendition of accounts, declaration, damages and mandatory injunction Plaintiff filed application for grant of mandatory injunction, when application for leave to defend the suit filed by Bank was pending Banking Court on plaintiffs application directed Bank to deliver him title documents Validity Banking Court after receipt of leave application was obliged under law to have decided same as per provisions of S.10 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 Leave application had not been decided after lapse of seven months, and for its tendency for such a long period, no plausible justification was found on record Banking Court before embarking upon deciding application for grant of interim relief ought to have decided application for leave to defend suit and thereafter to save proceeded to decide suit including miscellaneous applications Impugned order being perfunctory, slipshod and devoid of reasons also necessitated remand of case High Court accepted appeal and set aside impugned order, resultantly application for grant of temporary injunction would be deemed pending before Banking Court, which would in first instance decide application for leave to defend suit and would then decide application for grant of temporary injunction. Messrs Platinum Insurance Company through Chief Executive v. Messrs Highways bridge, Contractor International (Pvt.) Ltd. and another 1997 MLD 2394; Messrs United Distributors Pakistan Limited v. Ahmad Zarie Services and another 1997 MLD 1835; Adamjee Jute Mills Ltd. v. The Province of East Pakistan and others PLD 1959 SC (Pak.) 272; Gouranga Mohan Sikdar v. The Controller; Import and Export and 2 others PLD 1970 SC 158; Mollah Ejabar Ali v. Government of East Pakistan and others PLD 1970 SC 173 and Muhammad Ibrahim Khan v. Secretary, Ministry of Labour and others 1984 SCMR 1014 ref. ORDER C.M. NO. 1230 C OF 2002 As we are inclined to decide the main appeal, therefore, this application cannot be entertained, thus…

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