Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) -------Ss.9 & 19---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Rule of exhaustion of available remedies---Applicability---Scope--- Execution proceedings---Order of arrest of -debtor by Banking Court---Judgment-debtor assailing the execution proceedings on the ground that decree had been satisfied---Jurisdiction and process of Banking Court was extended to the decree-holder as a matter of course without application of mind to the causes and grounds for the past abortive execution proceedings by the Bank---Constitutional petition contained facts that prima facie suggested an abuse of process of Court by a decree-holder and correspondingly attracted the supervisory constitutional jurisdiction of the High Court---Facts of the case also involved the enforcement of constitutional safeguards of the personal liberty of a citizen/ -debtor---Case of the petitioner contained elements that made the writ jurisdiction to be appropriate, efficacious and speedy namely against the impugned action---Record. showed that the coercive process of the Banking Court had been exercised as a threat rather than for enforcement as a judicial order---High Court, therefore, showed inclination to grant hearing in. the matter to save time, focus the proceedings of Banking Court on lawful exercise of its jurisdiction and for the fair enforcement of the parties rights and obligations under law---Counsel of the Bank/decree-holder had assured that his client shall not press for the petitioner to be arrested until the latter's objection to the maintainability of the execution petition were decided by the Banking Court---High Court, in view of the assurance of the counsel directed that the assurance should be duly honoured in proceedings before the Banking Court where objections of the petitioner to maintainability of the execution proceedings shall be heard and decided in accordance with law before any coercive action was taken against the petitioner and disposed the constitutional petition accordingly. Muslim Commercial Bank Ltd. and others v. Ahmed Ali and another 2007 SCMRE…

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