Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9 & 12---Service on defendant---Modes---Procedure---Deviation of Banking Court from procedure laid down in S.9(5), Financial Institutions (Recovery of Finances) Ordinance, 2001 and passing ex parte decree against the defendants---Effect---High Court observed that it was expected from a judicial officer, especially of the rank of a District Judge, to be extremely careful, conscious and abreast of the provisions of law, while deciding valuable rights of the parties, which, in the present case, to say the least, the Judge Banking Court failed to abide by---High Court set aside the impugned order of the Banking Court, accepted the defendant's application and remanded the case---Defendant's having already filed the application for leave to appear and defend the suit, which shall. be deemed to be pending before the Banking Court, who, at the first instance, shall decide the same then the suit, if need arose, after hearing the parties in. accordance with law. Section 9(5) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 envisages that when a plaint is presented to the Banking Court, it shall issue summons, which shall be served on the defendant through the bailiff or process server of the Banking Court, by registered post acknowledgement due, by courier and by publication in one English language and one Urdu language daily newspaper, and service duly effected in anyone of the aforesaid modes shall be deemed to be valid service for purposes of the Ordinance. In the present case, the Banking Court, on 27-10-2003, issued summons to the defendants only through registered envelopes and by proclamation in two newspapers. Placing the provision of section 9(5) of the Ordinance in juxtaposition with order dated 27-10-2003, it leads to the irresistible conclusion that the Judge Banking Court issued summons to the appellants contrary to the said provision of law. Section 9(5) of the Ordinance provides that the summons shall be issued to a defendant through four modes of service, viz. bailiff or process server, by registered post acknowledgement due, by courier service and by…

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