ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.66 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.2473/2022 (Urgent).

2. For order on office objection a/w reply as at ‘A’.

3. For order on CMA No.2484/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2475/2022 (Stay).

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Dated; 22^nd August 2022

Mr. Masood Anwar Ausaf, Advocate for Appellant.

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1. Urgency granted.

2. Learned counsel for the appellants undertakes to comply with office objection(s) before next date of hearing.

3. Exemption granted subject to all just exceptions.

4&5. Instant High Court Appeal has been filed against impugned order dated 18.07.2022 passed by the learned Banking Court No.IV, at Karachi in Execution Application No.64 of 2022 (in Suit No.27 of 2006), whereby, according to learned counsel for the appellant, an application filed under section 19 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 read with Section 151 CPC for conversion of the decree passed in Suit No.27 of 2006 into execution proceedings has been allowed inspite of the fact that such application was filed after lapse of more than twelve (12) years from passing the impugned judgment and decree in the instant case, whereas, no explanation whatsoever has been given in the handwritten application, which was not duly supported by the affidavit and did not disclose the particulars of the judgment and decree as required under Section 19 of the Financial Institutions (Recovery of Finances) Ordinance, 2001. According to learned counsel, First Appeal No.60 of 2009 against judgment and decree passed in the instant case is already pending before this Court, whereas, the appellant has already filed a Suit No.1026 of 2005 before the learned Single Judge of this Court, seeking damages against the respondent Bank, who according to learned counsel, has forcefully obtained resignation from the appellant and broke open the lock and got the property documents of the subject property, which was never mortgaged by the appellant in respect of the loan, which otherwise has already repaid. According to learned counsel, unless the appeal of the appellant is decided the Banking Court was not justified to pass impugned order on the execution application, which was filed after period of limitation i.e. more than twelve (12) years. It has been prayed that the impugned order may be set aside, so that the appellant may be allowed to obtain appropriate order in accordance with law.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for 07.09.2022, when objection/reply, if any, shall be filed with advance copy to the learned counsel for the appellant. However, till next date of hearing, respondents may not proceed further in the aforesaid execution application pursuant to impugned order passed in the instant case. However, the appellant may file an application for urgent hearing before the learned Single Judge in the First Appeal, as referred to hereinabove.

J U D G E