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M. SAFDAR AWAN versus PRESIDING OFFICER, SPECIAL COURT BANKING, RAWALPINDI


Banking Companies (Debt Recovery) Ordinance 1979 Sections 12 and 11 Civil Procedure Code (v. 1908), Section 47 Constitution of Pakistan (1973), Article 199 Appeal Rights Available but Not Received Constitutional Petition by Auction of Competition The re-auction of the property of the lenders of the non-certification of banking decision, ruled that the auction was made under the provisions of section 47, CPC and not under the Companies Banking Companies (Debt Recovery) Ordinance 1979, Therefore, the provisions of the Ordinance 1979 of banking companies will not be implemented. Applicable; Special banking court had no power for any order under the provision of section 12, auctioning the ordinance provided for appeal against any order of the Special Banking Court to the Banking Companies (Debt Recovery) Ordinance. The procedure set forth in the CPC will not be adopted for the purpose of doing so. Disapproved order outside the scope of the orders passed by the Banking Court for which the appeal is presented in Section 11 of the Ordinance of Section 11, Banking Companies (Recovery of Loans) Ordinance 1979, approved by the Special Court of Banking Any order made is subject to scrutiny. In contrast to the constitutional petition provided under Section 12 of the Ordinance, the circumstances were not maintainable.

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