| Case ID |
2de57ee4-dfbe-4997-970b-1c4d97dfba87 |
| Body |
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| Case Number |
Special High Court Appeal No. 203 of 2017 |
| Decision Date |
May 28, 2019 |
| Hearing Date |
Apr 02, 2019 |
| Decision |
The Special High Court Appeal was dismissed as the applications filed under Order XXXVIII, Rule 5 of the Civil Procedure Code and Section 16 of the Financial Institutions (Recovery of Finances) Ordinance were not maintainable by the borrower. The court emphasized that applications under Section 16 could only be initiated by financial institutions. The court also affirmed that the nature of the order under Order XXXVIII is interlocutory and not appealable under Section 22 of the Financial Institutions Ordinance. The dismissal of these applications was based on the absence of sufficient grounds to grant extraordinary relief, highlighting that the legal framework governing financial institutions takes precedence over general civil procedure rules. |
| Summary |
The case revolves around the interpretation of the Financial Institutions (Recovery of Finances) Ordinance, 2001, particularly concerning the rights of borrowers versus those of financial institutions. The Sindh High Court addressed whether a borrower could file an application under Section 16 of the Ordinance, concluding that such applications are exclusive to financial institutions. The court's decision underscores the necessity of adhering to the specialized legal framework governing financial disputes, thus reinforcing the importance of legislative intent in financial recovery processes. This ruling serves as a pivotal reference for both legal practitioners and financial institutions in understanding the boundaries of borrower rights within the context of financial recovery legislation. The court's analysis also touches upon the procedural aspects of civil law, illustrating the intersection of banking law and civil procedure, making this case a significant contribution to the legal landscape surrounding financial recovery in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Irfan Saadat Khan,
Mrs. Kausar Sultana Hussain
|
| Lawyers |
Asim Mansoor Khan,
Rashid Anwar
|
| Petitioners |
Haji Abdul Razzak (Deceased) through Legal Heirs
|
| Respondents |
Faysal Bank Limited
|
| Citations |
2020 SLD 455,
2020 CLD 238
|
| Other Citations |
Haji Abdul Wali Khan v. Muhammad Hanif 1991 SCMR 2457,
Noor Muhammad Lambardar v. Member (Revenue) Board of Revenue, Punjab 2003 SCMR 708,
Bank Al-Falah Ltd. v. Interglobe Commerce Pakistan 2017 CLD 1428,
Madhu Limaye v. State of Maharashtre AIR 1978 SC 47,
Amar Nath and others v. State of Haryana and others AIR 1977 SC 85,
National University of Sciences and Technology (NUST) Islamabad through Registrar and 2 others 2011 YLR 1070,
Nadeem Akhtar and another v. Messrs Dubai Islamic Bank (Pakistan) Ltd. 2013 CLD 805,
Malik Israr Salim v. Citibank N.A., Lahore and another 2003 CLD 588,
Mazhar Butt v. United Bank Limited and another 2012 CLD 285
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001),
Civil Procedure Code (V of 1908)
|
| Sections |
9,
16,
22,
22(6),
151,
O.XVIIII,
XXXVII,
XLIII,
R.3,
R.5
|