Law:

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Banking Tribunals Ordinance (LVIII of 1984)-------S.6---Financial Institutions (Recovery of Finances) Ordinance (XLI of 2001) S.13---Civil. Procedure Code (V of 1908), O.IX, R.13---Suit for recovery of finances--Service of notices to defendants in prescribed manner--Reply to show-cause notice was received only from four defendants out of nine, while remaining defendants were proceeded against ex parte---None having turned up from said defendants, reply to show-cause notice was rejected and suit was decreed ex parte---Application seeking setting aside of ex pane decree, moved by legal representatives of one such defendant. was allowed and impugned decree was set aside---Reply to show-cause notice had been filed by the legal representatives of one defendant---Remaining three defendants were proceeded against ex parte and suit was decreed as prayed for---Validity---Record revealed that application to set aside ex parte decree was filed only by the legal representatives of one defendant but Chairman Banking Tribunal set aside the entire decree---Chairman Banking Tribunal had no jurisdiction to pass the impugned and decree hence .set aside by High Court---Suit would be deemed to be pending before Banking Tribunal-Petitioners were directed to file leave application in terms of section 10 of Financial Institutions (Recovery of Finances) Ordinance, 2001 within 10 days. Messrs Chenab Cement Product (Pvt.) Ltd. and others v. Banking Tribunal, Lahore and others PLD 1996 Lah. 672 ref. JUDGMENT MAULVI ANWARUL HAQ, J.---On 26-1-1994 the respondent No. 1 filed a suit against the appellants for recovery of Rs.3,63,26,400 in a Banking Tribunal-I, Faisalabad. Notices were issued in the manner prescribed. Appellants Nos.3, 4, 5 and 9 filed reply to show-cause notices. On 16-5-1994 the remaining appellants were proceeded against ex parte. The respondent No.1 filed the reply to the show-cause notice and the case was being adjourned for arguments. On 8-9-1994 an application was filed on behalf of appellants Nos.3, 4, 5 and 9 praying that preliminary issues be framed. The case was adjourned for framing of said issues to 29-9-1994. On this date, the reader recorded that the Presiding…

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