7/2013 H.C.A Tharparkar Sugar Mills Limited (Appellant) V/S Bankers Equity Limited (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
7/2013 H.C.A Tharparkar Sugar Mills Limited (Appellant) V/S Bankers Equity Limited (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 04-JUN-14
"Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 27 & 22---Interpretation of S.27 of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Suit for recovery was decreed in terms of compromise between the parties, and subsequently, the defendant filed another suit seeking to take advantage of a State Bank Circular---Contention of the defendant was inter alia, that till such time the proceedings of the second suit culminate, status quo with regard to mortgaged property had to be maintained---Held, defendant had sought indirect relief for setting aside or modification of the judgment and decree passed in the first suit, against which defendant had not filed appeal and decree had obtained finality---Under S.27 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 no court or authority was prohibited to revise, recall, call or permit or call into question the judgment and decree of Banking Court or the legality or propriety of anything done by the Banking Court, subject to provisions of S.22 of the Ordinance---Legislature in its anxiety to protect orders of the Banking Court had gone to the extent of ordaining that no authority other than the appellate forum shall even allow to throw a challenge to the validity of orders of the Banking Court and the same could not be assailed before any forum except by the way of appeal---Only possibility in which an injunction or restraining orders against execution of decree and sale of mortgaged property could be granted, would be on the presumption that decree in the first suit might be modified, altered and or set aside, which could not be presumed under provisions of S.27 of the Financial Institutions (Recovery of Finances) Ordinance, 2001--- Appeal was dismissed, in circumstances."