12
Appeals
Act: Banking Companies (Recovery of Loans) Ordinance 1979
Section Provisions
ORDINANCE XIX OF 1979 ORDINANCE XIX OF 1979 BANKING COMPANIES (RECOVERY OF LOANS) ORDINANCE, 1979 An Ordinance to repeat and with certain modifications, re‑Enact the Banking Companies (Recovery of Loans) Ordinance, 1978 [Gazette of Pakistan,, Extraordinary, Fart i, 27th March 1979] No. F.17 (1)/79‑Pub.‑The following Ordinance made by the President is hereby published for general information :‑ 12. Appeals.‑(I) Any person aggrieved by any order, judgment, decree or sentence of a Special Court may, within thirty days of such order, judgment, decree or sentence, prefer an appeal to the High Court within whose jurisdiction the order, judgment, decree or sentence is passed; Provided that no appeal shall lie from an interlocutory order which does not dispose of the entire case before the Special Court. (2) An appeal under subsection (1) shall be on any one of the following grounds, namely ---- (a) the decision being contrary to law or to some usage having the force of law, or (b) the decision having failed to determine a material issue of law or usage having the force of law, or (c) a substantial error apparent in the procedure provided by or under this Ordinance, which may possibly have produced error in the decision on merits. (3) An appeal may be preferred under this section from a decision made ex parte. (4) An appeal under this section shall be heard by a Bench of not less than two Judges. (5) No appeal shall be admitted for hearing unless the appellant deposits in cash with the High Court an amount equivalent to the judgment debt or, at the discretion of the High Court, furnishes security equal in value to such amount.