2015 PLP 1902 (CLD)

AAMER FAROOQ, J.

This is an appeal under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (The Ordinance) against order dated 23-9-2010 passed by Judge Banking Court, Rawalpindi whereby the objection petition filed by the appellants was disposed of in light of conceding statements made by the parties.

2. Respondent No.1 filed a suit for recovery to the tune of Rs:27,18,920.08 (Rupees two million seven hundred, eighteen thousand, nine hundred and twenty only) against the appellants which was decreed by the Judge Banking Court, Rawalpindi vide judgment and decree dated 3-4-2009. In the execution proceedings the respondent/bank sought the sale of the mortgaged property namely House # 45-A, Siddiqui lane, Gulistan Colony, Rawalpindi (the Property) and the same was ordered to be auctioned. The property was auctioned and the highest bid was made by respondent No.2 against which the appellants filed an objection petition challenging the sale/auction of the property. During the course of proceedings on 23-9-2010 the appellant No.1 submitted that he may be afforded an opportunity to pay the decretal amount with 5% of the sale money to respondent No.1 till 15-12-2010, failing which the sale in favour of the auction purchaser (respondent No.2) shall stand confirmed. The said submission was acceded to by the respondents and the learned Judge Banking Court, Rawalpindi allowed appellant No.1 to deposit the decretal amount with decree holder and to pay 5% of the sale money to the auction purchaser on or before 15-12-2010 and in case of failure on part of appellant No.1 to make the payment the sale in favour of respondent No.2 was to be confirmed. Order dated 23-9-2010 was signed by appellant No.1.

3. The learned counsel for the appellants, inter alia, submitted that the appellants acknowledge the decretal amount, however, require time to pay the same. It was further submitted that proceedings before this court are not competent inasmuch as the impugned order was passed by the Judge Banking Court, Rawalpindi and, therefore, the appeal should be heard and decided by Lahore High Court, Rawalpindi Bench.

4. The learned counsel for respondent No.1 vehemently opposed the appeal and submitted that the appeal is not competent inasmuch as the impugned order was passed with consent of the parties. It was further submitted by learned counsel that he has instructions from client not to grant any further time to the appellants for repayment of decretal amount.

5. The learned counsel for respondent No.2 also opposed the appeal.

6. It is an established principle of law that no appeal lies against a consent order. The order impugned before this Court was passed with consent of the parties whereby the appellants sought time to make the payment to respondent No.1 and also pay 5% of the sale/auction amount to respondent No.2. The appellants, in the present appeal, have not raised any cogent ground on the basis of which the impugned order can be set aside.

7. The argument raised by the learned counsel for the appellants that the instant appeal is to be decided by Lahore High Court, Rawalpindi Bench is also not tenable inasmuch as under section 9 of Islamabad High Court Act, 2010 all the cases pertaining to the territory of Islamabad were to be transferred to this Court from Rawalpindi Bench of Lahore High Court. The relevant provision of law is reproduced below and is as follows: "9-Transfer of proceedings: All appeals, petitions and other proceedings pending in the Lahore High Court or in any other High Court in relation to Islamabad Capital Territory immediately before the appointed date shall stand transferred to the Islamabad High Court. Explanation: For the purposes of this section or any other provision of this Act where subject so require, the expression "Lahore High Court" includes Rawalpindi Bench of the Lahore High Court." The plain reading of the referred provision of law makes it clear that this Court has the jurisdiction to decide the present appeal.

8. In view of foregoing discussion, the present appeal is without any merit and, therefore, is dismissed. ZC/56-Isl. Appeal dismissed.