| Case ID |
26573a2d-d5bb-425b-bd27-fcf1f4feb2fa |
| Body |
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| Case Number |
R.F.A. No. 119 of 2000 |
| Decision Date |
Feb 12, 2004 |
| Hearing Date |
Feb 12, 2004 |
| Decision |
The appeal was dismissed by the Lahore High Court as it was found to be against an interim order, which is not maintainable under Section 21(5) of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997. The court emphasized that the appeal related to an interim order of the Banking Court and thus did not meet the criteria for an appeal as outlined in the relevant legislation. The court reiterated that each case must be decided based on its specific circumstances and that the special law in this case excludes general law principles. The court's ruling was based on precedents established in similar cases, confirming the principle that appeals cannot be made against interim orders unless explicitly permitted by law. |
| Summary |
This case revolves around an appeal filed by the appellants against the dismissal of their application for specific performance of a contract along with a claim for damages against a banking institution. The Lahore High Court ruled that the appeal was not maintainable as it sought to contest an interim order from the Banking Court, which is prohibited under Section 21(5) of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997. The ruling reinforces the notion that special laws take precedence over general laws when it comes to procedures relating to banking and financial disputes. The court highlighted the importance of adhering to statutory requirements regarding the filing of applications for leave to appear and defend in such cases. The decision also referenced significant legal precedents that establish the framework for understanding the maintainability of appeals in banking law. This case serves as a crucial reference point for future litigants and legal practitioners navigating the complexities of banking litigation in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH IJAZ AHMAD,
MIAN HAMID FAROOQ
|
| Lawyers |
Ch. Muhammad Bakhsh,
Sh. Javaid Sarfraz
|
| Petitioners |
MUHAMMAD BOOTA AND 4 OTHERS
|
| Respondents |
AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN AND 3 OTHERS
|
| Citations |
2004 SLD 670,
2004 CLD 1348
|
| Other Citations |
Bolan Bank Limited v. Capricorn Enterprise (Pvt.) Ltd. 1998 SCMR 1961,
Messrs Qureshi Salt and Species Industries Khushab and another v. Muslim Commercial Bank Limited, Karachi through President and 3 others 1999 SCMR 2353,
Mrs. Zubaida Begum v. Mrs. S.T. Naqvi 1986 SCMR 261,
Abdul Qadir and others v. Haji Shakar Khan Barech 1987 CLC 1816,
M. Anwar Saleem v. United Bank Limited and others 2002 CLD 251,
Muhammad Nadeem Butt v. United Bank Limited 2000 CLC 1436,
The State v. Zia-ur-Rehman and others PLD 1973 SC 49
|
| Laws Involved |
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997
|
| Sections |
21
|