MUHAMMAD UMER RATHORE versus FEDERATION OF PAKISTAN
Section 15 Constitution of Pakistan (1973), Arts 2A, 3, 4, 9, 18, 23, 24, 25, 175 and 199 Section 15 of the Financial Institutions (Rehabilitation) Ordinance, 2001 Provisions (Recovery) of Financial Institutions Finance) Under the Ordinance, 2001, the financial institution has been granted irrational and uncontrollable powers, which follow either of the two methods of obtaining mortgage, loan / finance. The first procedure involves filing a maintenance case under Section 9 of the Ordinance. , Where the responsibility of the lender / consumer is determined by the court and thereafter adopts the procedure for the implementation of the decree contemplated in section 19 of the ordinance, since the second procedure is pursuant to section 15. After the option is taken, the recovery of the known amount is started. The sale of the mortgage property, through its auction, after the issuance of three notices and the adjustment of the sale, leads to the liability of the customer, without the partner's intervention, to sue any customer and against any other user. To take action under Section 15, Section 15 of the Ordinance does not mention any of the criteria, and there is no guidance for any liability and for the exercise of this discretion by the Ordinance. (Financial Institution) Choice and selection, which results in discrimination against a bank's borrowers / consumers, who are otherwise held in similar financial position, Choose one of two modes of rehabilitation, which is discriminatory and violates the fundamental rights of citizens.
Related judgments — Lahore High Court Lahore, 2009
