Applicant under Section 2 (c) and 9 Civil Procedure Code (v. 1908), OI, R10, for the collection of loan amount by the sale of the plaintiff's property under the OI, R10, CPC. Claims to purchase mortgage property from the claimant borrower were required to maintain a sales contract for the provisions of the Financial Institutions (Finance Recovery) Ordinance 2001; the relationship between the parties with the financial institutions existed and the customer was financially sound. Was able to disclose the existence of a contract with the organization or deal with it in capabilities. Section 2 (c) of the Financial Institutions (Maintenance) Ordinance, 2001 may be processed as a necessary party to the proceedings. The sale in question was between two private individuals without the bank's consent or participation, and thus, only such purchase would not have the status of interruption. No action can be taken against and against a customer as described under Section 2 (c) of the Ordinance, which was neither customary nor would the Omer or financial institution be enforceable before the Banking Court. Implementation of a property sale agreement and possession of it will not create any legal right for the intermediary in the banking process.
Related judgments — Karachi High Court Sindh, 2013
