Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 10,9

Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan (1973) Art. 199 Constitutional petition Maintainability Interlocutory order Interlocutory order is not amenable to Constitutional jurisdiction of High Court and Constitutional petition is not entertainable against the interlocutory order passed by the Court. Bashir Ahmad v. Province of Punjab and others 1988 CLC 1965; Malik Abbas Raza v. Government of Balochistan and 3 others PLD 1968 Lah. 163; Ghulam Hussain and another v. Malik Shabaz Khan and another 1995 SCMR 1925; Muhammad Siddique Qazi v. Muhammad Ibrahim Khokhar and another 1987 MLD 265 and Ghulam Muhammad and others v. Munir Ahmad Shah and others 1994 CLC 14 ref. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--Ss. 10 & 22 Constitution of Pakistan (1973), Art.l99 ¬Constitutional jurisdiction of High Court Alternate remedy Interlocutory order merging into final ¬Application for leave to appear and defend the suit was filed by the petitioners and in the said application objection was raised to the jurisdiction of Banking Court Objection raised by the petitioners was dismissed by the Banking Court ¬Contention of the petitioners was that the Banking Court had wrongly decided the question of jurisdiction Validity ¬If the suit would be ultimately decreed by the Banking Court against the petitioners, they would have a right of appeal under S.22 of Financial Institutions (Recovery of Finances) Ordinance, 2001, wherein all the questions /grounds raised by the petitioners in the Constitutional petition would be available to them before the appellate forum Interlocutory order would merge into final order/ , if the would be passed against the petitioners Petition was not maintainable in circumstances. (c) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) Ss. 9 & 10 Constitution of Pakistan (1973), Art. 199 ¬Constitutional petition Maintainability Factual contro¬versy Petitioners in their application for leave to appear and defend the suit alleged that the documents relied upon by the Bank were forged fabricated and were never executed by the petitioners Petitioners had raised factual controversies about the execution of documents…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492