Law: Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997

Section: 12

(a) Banking Companies (Recovery of Loans, Advances, Credits and Finances), Act (XV of 1997)---Ss. 12, 9(3) & 10---Civil Procedure Code (V of 1908), O. V, R.17---Suit for recovery of loan---Proper service of the defendants---Affixation of summons on alleged refusal to receive the same by the defendants ---Procedure--­Applicability of O.V, R.17, C.P.C.---Scope---Banking Court issued summons to the defendants and directed that the summons shall be served through Process Server of the Court; by registered post acknowledgement due; by Courier Service and publication in Urdu Daily and in English Daily and the case was adjourned---Court on next date of hearing after finding that no application for leave to defend the suit had been filed, passed an ex parte decree against the defendants---Validity ---Report of the Process Server, which appeared on the back of the summons showed that the summonses were not received by either of the defendants--­Report of the Process Server showed that although the defendants were present, `but they refused to receive the summonses and thus he affixed the summonses on the address given therein; notice so affixed was not witnessed by any of the persons of the locality and no affidavit had been given by the said Process Server in support of the refusal report---Stamp of "Nazir" of the Banking Court on the summonses showed, that Process Server had sworn before the said Nazir but it was not clear as to what facts were shown by the said Process Server before the Nazir--­Validity---Alleged Swear of the Process Server was not in accordance with law as the Nazir of the Court was not competent Judicial Officer before whom swear could be administered under the law---Banking Court, before proceeding ex parte had not satisfied itself that in fact the defendants purposely avoided service thereby attracting the provision of O.V, R.17, C.P.C.---Record also did not show that the Process Server used all due and reasonable diligence to locate the defendants---Process Server had not mentioned time as well as identity of the house visited by him---Process Server, in circumstances, was not empowered to affix the summonses, even if the same were refused…

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