Law:

Section:

(a) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)---Ss. 7, 9 & 21---Suit for recovery of loan filed before Banking Tribunal under Banking Tribunals Ordinance, 1984---Contention of the defendants was that suits were filed before incompetent Tribunal, therefore same could not be transferred by operation of law before the Banking Court and thus s and decrees of the Banking Court were without lawful authority---Validity---Defendants had not taken any ground in the grounds of appeal before the High Court that the Banking Court lacked jurisdiction in the matter---Defendants (appellants), in circumstances were not allowed to raise the plea that Banking Court had no jurisdiction to take cognizance of the matter. Mst. Murid Begum v. Muhammad Rafiq PLD 1974 SC 322 and Tariq Shahbaz Chaudhry v. Bank of Punjab 2004 CLD 207 ref. (b) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)----Ss. 7, 9, 10 & 15---General Clauses Act (X of 1897), S.24-A---Operative part of the s and decrees of the Banking Court along with grounds of application for leave to defend the suits clearly showed that Banking Court had passed the impugned s and decrees without application of mind which was condition precedent for the Judicial Officer to pass the s and decrees after application of mind---High Court accepted the appeals, set aside the impugned decree and remanded the cases to the Banking Court to decide the same afresh according to law---Principles. Gouranga Mohan Sikdar v. The Controller of Import and Export PLD 1970 SC 158; Mollah Ejahar Ali v. Government of East Pakistan PLD 1970 SC 173 and Messrs Airport Support Services' case 1998 SCMR 2268 ref. Chenab Cement's case PLD 1996 Lah.572; Soneri Bank Ltd. v. Raja Weaving Mills KLR 1997 CC 742; U.B. L. v. Hinna Export Company 1998 PSC 78; Messrs Sind Tech. Industries v. Messrs Investment Corporation 1998 SCMR 1533; A. Habib Ahmad v. Hongkong Banking Company 1999 CLC 1953; Syed Farasat Ali Shah v. A.B.L. 2002 CLD 759; Muhammad Umar Tarar v. Judge Banking Court 2002 CLD 1663; Equity Participation Fund v. Messrs Pakistan Mobile 2003 CLD 206; Syed Farasat Ali Shah…

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