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

Section: 7,21

Law: Constitution of Pakistan, 1973

Section: 185(3),199

Banking Companies (Recovery of Loans, Advances, Credits and Finances) Ordinance (XXV of 1997) ---- ----Ss. 7 & 21---Constitution of Pakistan (1973), Arts.185(3) & 199---Suit for recovery of loan---Appeal to High Court---Constitutional petition to High Court---Scope---Consent of parties, would not confer jurisdiction upon the High Court which it did not inherently possess---Judgment and decree passed by Banking Court being appealable under the relevant laws, only remedy available to respondent was to assail such and decree before a Division Bench of High Court---Invocation of constitutional jurisdiction against execution proceedings before a single Judge of High Court was neither warranted by law nor permissible---Contention that order impugned in constitutional petition being void and without lawful authority, non-availing of alternate remedy of appeal was of no consequence, was repelled because and decree passed by Banking Court with exclusive jurisdiction was neither void nor without jurisdiction---Petition for leave to appeal was converted into appeal and was accepted. Farzand Raza Naqvi v. Muhammad Din 2004 SCMR 400 and Mst. Kaniz Fatima v. Muhammad Salim 2001 SCMR 1493 rel. ORDER RANA BHAGWANDAS, J.---Petitioner-Bank seeks leave to appeal against Sindh High Court, Larkana Circuit Court order, dated 5-7-2002 passed in constitutional petition whereby execution proceedings arising out of judgment and decree passed by Banking Court, Larkana in the sum of Rs.1,68,921 with costs and mark-up passed against the respondent were suspended till the decision of an appeal filed by the Management against reinstatement of the respondent before the Sindh Labour Appellate Tribunal, Karachi. 2. Petitioner-Bank filed a suit for recovery before the Banking Court against the respondent which after contest was decreed as aforesaid vide judgment, dated 18-4-1998. However, the decree sheet was signed by the Presiding Officer on 14-12-1998. On the other hand respondent having been dismissed from service had challenged such order before the Sindh Labour Court, Larkana, which was allowed and an appeal preferred against the order of the Labour Court was sub-judice before the…

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