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ABID AZIZ KHAN versus BANK OF PUNJAB THROUGH BRANCH MANAGER


Section 10 Application for leave to appeal for leave to appeal for illegal proceedings without leave in defense of jurisdiction and translation of illegal procedure, scope and application of section 10, Financial Institutions (Recovery of Finance) Ordinance , 2001 Defendants are required to apply for leave, in accordance with the provisions of Section 10, Financial Institutions (Recovery of Finance) Ordinance, 2001, the Banking Court also needs to be examined and if the application is settled there Keeping it on record, once it meets the requirements, is once part of the leave application for appeal As a basic duty of the Banking Court, to consider the matter, leave of appeal and the filing of the appeal, and then give conditional or unconditional permission under section 10 (11) of the Ordinance Banking. Or reject the request. Therefore, the court needs to consider and decide on the application for merits, as there is no other work to be done. In this context, the Financial Institutions (Financial Recovery) Ordinance, 2001, dismisses the application for illegal prosecution. Because the banking court has not been given such powers, otherwise such action would amount to defeating the intention of the legislature. Therefore, refer to the appeal for illegal prosecution, without any jurisdiction and was clearly illegal and the entire structure built on it was bound to collapse unless otherwise appealed to the High Court, There are plenty of options under R33, CPC if the matter is needed

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