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SYED FARASAT ALI SHAH versus ALLIED BANK OF PAKISTAN LTD


Article 6 Civil Code of Conduct (v. 1908), AXXI, R23A and Section 151 Constitution of Pakistan (1973), Article 185 (3) Objecting to the Order on the Implementation of Bank Debt Recovery Rules Finalized by the Banking Tribunal Was obtained because the lenders had not filed any appeal against the same High Court and in other cases announced some provisions of the Banking Tribunals Ordinance, 1984, during the execution proceedings to uphold this decision. Non-constitutional objection was raised by the lender. On the basis of the judgment of the High Court Banking Court and the High Court had claimed of the borrower, since the judgment and orders of the Tribunal constituted under the Banking Tribunals Ordinance, 1984 were set aside. Its constitution was declared unconstitutional, therefore, the trial court rendered the decree passed against the borrower as irrational and unenforceable. The decree of validity was passed on 10 11 1993 when, after five years of restitution proceedings, no appeal was filed by the lending bank under the Banking Tribunals Ordinance, 1984. Supreme Court refuses to interfere with orders passed by the High Court to appeal the execution of the borrower

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