CLD 2009

2009 PLP 411 (CLD)

Messrs AAMER ENTERPRISES (PVT.) LTD. and 3 another — Appellants Versus UNITED BANK LTD. and others — Respondents

Jurisdiction / Court
Karachi
Decided Date
2008-November-26
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2009 PLP 411 (CLD)
Forum / Court Karachi
Bench Members N/A
Parties Messrs AAMER ENTERPRISES (PVT.) LTD. and 3 another — Appellants Versus UNITED BANK LTD. and others — Respondents
Primary Law Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2009 PLP 411 (CLD)?

This judgment primarily cites: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2009 PLP 411 (CLD)?

The case was heard and decided by the Karachi bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2009 PLP 411 (CLD) (Messrs AAMER ENTERPRISES (PVT.) LTD. and 3 another — Appellants Versus UNITED BANK LTD. and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

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

Representation

  • Ijaz Ahmed for Respondents.

Headnotes / Summary

Ss.19(1) & 22

Contention of the appellants was that their application under S.19(1) of the Financial Institutions) Recovery of Finances) Ordinance, 2001, along with other applications was disposed of by Banking Court without assigning any reason whatsoever

High Court disposed of the appeal by partially modifying the impugned order to the extent that the application under S.19(1) of the Ordinance read with S.151, C.P.C. moved by the appellants before the Banking Court, shall be heard afresh and be positively disposed of within thirty days from the date of communication of present order of the High Court.

Judgment & Decree

By this appeal under section 22 of Financial Institutions (Recovery of Finances) Ordinance, 2001 (thereinafter referred to as the Ordinance, 2001), the appellants have challenged the order dated 23-5-2008 on the sole ground that their application under section 19(1) of the Ordinance of 2001 along with other applications was disposed of by Banking Court without assigning any reason whatsoever. The submission of learned counsel, Mr. Saalim Salam Ansari, is that appellants' application under section 19(1) of the Ordinance 2001 has been disposed of without assigning any reason whatsoever. When confronted with this situation, Mr. Ijaz Ahmad, learned counsel for the respondents has candidly conceded to the contention of the learned counsel for the appellants, as also apparent from the last paragraph of the impugned order. This being the un-controverted position, we dispose of this appeal by partially modifying the impugned order dated 23-5-2008 to the extent that the application under section 19(1) of the Ordinance of 2001 read with section 151 moved by the appellants before the Banking Court in Suit No.43 of 2003 in Ex.No.22 of 2006, shall be heard afresh and be positively disposed of within thirty days from the date of communication of this order. M.B.A./A-1/K Order accordingly.