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MESSRS EXTRACTION PAKISTAN LTD.THROUGH CHIEF EXECUTIVE versus CHAIRMAN, BANKING TRIBUNAL COMMERCIAL III,LAHORE


Banking Tribunals Ordinance 1984 Sections 2 (a) (e), 6, 13 and Scheduled Banking Companies (Loans, Progress, Credit and Recovery of Financial Issues) Act (XV of 1997), Section 7 (6) Financial Institutions (Recovery of Finance) ) Ordinance (XLV1 of 2001), Sections 5, 7 (6) and 29 Constitution of Pakistan (1973), Art 199 Constitution Petition sued the applicants for leasing a car as the respondent is a leasing company. Obtained and committed the default in payment. Monthly rent, the defendant filed a lawsuit against the applicant saying that the defendant was not a banking company, thus a notification to include his name in the Schedule of Banking Tribunals Ordinance, 1984 could not be issued and on such score, The Banking Tribunal cannot assume that the jurisdiction in this case is in respect of the accuracy of the banking company given in section 2 (a) of the Banking Tribunals Ordinance, 1984, under section 2 (e) of an ordinance, its schedule of finance Includes a designated company. In exercising its powers conferred under Section 13 of the Ordinance, the federal government had included the respondents' names in the schedule of the ordinance in serial number 18, so no exception can be made with regard to its issuance by the applicants. Is. The Banking Tribunals Ordinance, 1984 and the Banking Companies (Debt Maintenance, Progress, Credit and Finance) Act, 1997, for filing a notification or recovery case against the company by the defendant company under section 6 (1) of the Constitution's application. , Shall be deemed to be transferred and pending before the Banking Court established under section 5 of the Financial Institutions (Recovery of Finance) Ordinance 2001,

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