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

Section: 10

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--Ss. 9,10 & 12---Civil Procedure Code (V of 1908), S.12(2)---Ex parte decree, setting aside of-Service of process on wrong address---Defendant (Company) assailed ex parte decree on the ground that its registered office was at place "H" but notices were served and press publication was made at place "K"---Validity---Notice was not served at the registered office of defendant---Plaintiff was also corresponding with defendant at its registered office at place "H", therefore, notice should have been sent at its registered office at place "H"-Judgment and decree passed ex parte against defendant was set aside---High Court allowed 30 days time to defendant for filing application for leave to defend the suit before Banking Court---Application was allowed in circumstances. 1997 SCMR 926 ref. ORDER FAISAL ARAB, J.---This J.M. under section 12(2), C.P.C. has been filed by applicant/defendant No.1 on the ground that defendant No.1 being a limited company having registered office at Haripur, N.-W.F.P. was not served at such address and notice ought to have been dispatched at its registered office. Learned counsel for the applicant further states that publication was made in a newspaper having circulation only in the Province of Sindh. He also referred to the document issued by the Joint Registrar of Companies which show the registered office of the applicant/defendant No.1 at Haripur, N.-W.F.P. he has also referred Annexure-D to the application, wherein the plaintiff/respondent itself had addressed a letter to the applicant/defendant No.1 at its registered office…

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