Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss.5, 7 & 12---Constitution of Pakistan (1973), Art.199---Constitutional petition---Application for setting aside ex parte decree passed in year 1993---Filing of such application in year 2004 in Banking Court at place 7---Transfer of such application by Banking Court at place "I" to Banking Court at place "R" due to lack of territorial jurisdiction---Validity---Provisions of Ss.5 & 7 of Financial Institutions (Recovery of Finances) Ordinance, 2001 would be read together and none of them would be read and interpreted in isolation---Federal Government had power to establish Banking Courts and define their territorial jurisdiction---By virtue of provision of S.7(6) of Financial Institutions (Recovery of Finances) Ordinance, 2001, all proceedings pending in any Banking Court constituted under relevant laws would stand transferred to or be deemed to be transferred to Banking Courts having jurisdiction under the Ordinance, 2001---Banking Court at place "I" had exercised its jurisdiction rightly by conveying to applicant that he had approached wrong forum and that he should have approached Banking Court at place "R"---High Court dismissed constitutional petition---Principles. Muhammad Rezzanullah Khan v. Abdul Khayer and others PLD 1956 Dacca 285 and Messrs Sialkot Dairies Ltd. and 8 others v. Agricultural Development Bank of Pakistan through Manager, A.D.B.P. and 3 others 2003 CLD 67 ref. (b) Interpretation of documents--- ----Grammatical and ordinary sense of words would be adhered to, unless same would lead to some absurdity, repugnancy or inconsistency with the rest of written instrument, in which case grammatical and ordinary sense of words may be modified, so as to avoid absurdity and inconsistency, but not further. ORDER KH. FAROOQ SAEED, J.---The petitioner in this case is a private limited company having its head office at Islamabad. The petition is against an ex parte decree passed on 25-6-1993 against which an application under section 12 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 was filed on 20-1-2004 for setting aside the said ex parte…

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