| Case ID |
1e2b808e-8549-438c-8896-1ebbacaa2d22 |
| Body |
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| Case Number |
Civil Revision Petition No. 387-B of 2012 |
| Decision Date |
Apr 07, 2016 |
| Hearing Date |
Apr 07, 2016 |
| Decision |
The revision petition was dismissed as the applicant did not point out any illegality or irregularity in the findings of facts recorded by the Banking Court. The court held that the decree passed by the Banking Court had attained finality and could not be agitated before any other court. The petitioner was advised to approach the competent forum applicable for redressal of her grievances. The case concluded that the property in question could not be restored through a civil court decree. |
| Summary |
In this case, MST. SARDARA challenged the Banking Court's decision regarding the ownership of certain properties fraudulently transferred by Muhammad Hassan using a fake power of attorney. The properties were mortgaged to Zarai Taraqiati Bank due to a loan for a tube well, which was not repaid, leading to the bank obtaining a decree against the petitioner. The Peshawar High Court ruled that the Banking Court's decree was final and could not be contested in civil court, emphasizing the importance of the Financial Institutions (Recovery of Finances) Ordinance, 2001. This case highlights the complexities of property rights and the enforcement of financial orders in Pakistan's legal framework. |
| Court |
Peshawar High Court
|
| Entities Involved |
Zarai Taraqiati Bank,
Muhammad Hassan
|
| Judges |
HAIDER ALI KHAN, JUSTICE
|
| Lawyers |
Ahmad Jan Khattak,
Aqal Shah Noor
|
| Petitioners |
MST. SARDARA
|
| Respondents |
ZARAI TARAQIATI BANK BRANCH KARAK THROUGH MANAGER,
Muhammad Hassan
|
| Citations |
2017 SLD 487 = 2017 CLD 184
|
| Other Citations |
1997 CLC 1342
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001
|
| Sections |
27
|