Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) Ss.7, 10 & 22 Application for leave to defend, dismissal of ¬Suit decreed against the appellant Plea of the appellant was that despite earlier directions of the High Court in the same suit to decide the application for leave to defend the suit after hearing the parties, the Banking Court had decided the said application without providing opportunity of hearing to the appellant a¬ Validity Plea of the appellant had substance as no opportunity of hearing was provided to him by the Banking Court and he was condemned unheard Banking Court had also failed to comply with the directions of the High Court and it was violation of the principles of natural justice Impugned and decree was set aside by the. High Court without direction that suit and the application would be deemed to be pending in the Banking Court. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-- Ss.7, 10 & 22 Principles of natural justice, violation of¬--Where the Banking Court dismissed the application for leave to defend and decreed the, suit against the appellant without providing him an opportunity of hearing despite the earlier directions of the High Court in the same suit that sufficient opportunity of hearing was to be provided to the parties, such decree was in violation of the principles of natural justice as the appellant was condemned unheard Impugned and decree was set aside in circumstances. ORDER Appellant, through the filing of the present appeal, has called in question judgment and decree dated 29 4 2003, whereby the learned Banking Court, after dismissing appellant's application for leave to defend the suit, proceeded to pass a decree for the recovery of Rs. 8,67,275, against the appellant. 2. In the first round of litigation, an ex parte decree for the recovery of Rs.10,40,675 was passed against the appellant by the learned Banking Court vide judgment and decree dated 15 1 2002, which was set aside by this Court, while allowing appellant's appeal (R.F.A. No.275 of 2002) and the case was remanded to the learned Banking Court for deciding the application for leave to defend the…

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