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EMIRATES BANK INTERNATIONAL LTD. versus OSMAN BROTHERS


Banking Companies (Recovery of Loans) Ordinance 1979 Sections 3, 7, 11 and 12 Civil Procedure Code (v. 1908), and XXXXI, RRI 7 and Section 12 (2) Summary Jurisdiction for Recovery of Debt Device was rejected based on chat. Such decree was challenged in terms of O XXXVII, R 4 and section 12 (2), CPC restitution decision and special court banking orders), section 12, provisions of banking companies. According to him, he cannot be arrested in front of any forum. (Recovery of loans) Ordinance, 1979, not by appeal and by application filed under OXXXVII, R 4 or under section 12 (2), CPC provisions contained in OXXVII, R 4, CPC, sections 11 and 12 Conflicts with ()), Banking Companies (Recovery of Loans) Ordinance, 1979, 1979,, since there is a special law, the application preferred under A XXXVII, R 4, CPC must prevail, Therefore, Section 11 should not be able to maintain the jurisdiction of the banking companies. The Recovery of Loan) Ordinance, 1979, shall apply equally to the application under Section 12 (2), Section 12 (2) of the CPC, Banking Companies (Recovery of Loans) Ordinance has been specially formulated And is based on which orders may be approved by a special banking court. O XXXVII, R 4 & 5 12 (2), the request for rejection of the special banking court order was dismissed after a special inquiry into the application filed under CPC

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