Law:

Section:

(a) Banking Tribunals Ordinance (LVIII of 1984) S.5 Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.5 Judgment, validity of Judgment passed under statutory provisions by the Banking Tribunal after the pronouncement of an earlier by a superior Court declaring those statutory provisions as un-Constitutional, is a nullity and is to be set aside. Messrs Chenab Cement Product Private Limited and others v. Banking Tribunal Lahore and others PLD 1996 Lah. 672 ref. (b) 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 has no jurisdiction to adjudicate upon any suit or pass any where the superior Curt has earlier declared the appointment of the Presiding Officer of that Tribunal as un-Constitutional and without lawful authority. Messrs Chenab Cement Product Private Limited and others v. Banking Tribunal Lahore and others P LD 1996 Lah.672 ref. (c) Constitution of Pakistan (1973) Art.201 Decision of the High Court is binding upon the subordinate Courts Subordinate Courts lack jurisdiction in cases where notifications appointing their Presiding Officers have been declared un-Constitutional by the superior Courts ¬Subsequent s and decrees of the subordinate Courts in the such like cases are liable to be set aside. (d) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) S.5 All suits deemed to be pending and to be decided afresh pertaining to matters falling under Financial Institutions (Recovery of Finances) Ordinance 2001 shall be entertained by Courts constituted and having jurisdiction under the said legislation. JUDGMENT MIAN HAMID FAROOQ, J. Instant first appeal, filed by Agricultural Development Bank of Pakistan, under section 9 of Banking Tribunals Ordinance, 1984 (since repealed), proceeds against judgment and decree dated 13 8 1996, whereby the then Banking Tribunal, after finding that the respondent has deposited an amount of Rs.2,63,256 against the payable amount of Rs.2,51,366, directed the appellant to refund a sum of Rs.10,090 to the respondent. 2. Briefly stated the facts relevant…

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