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, no standard is mentioned in section 15 of the ordinance, and to fulfill any obligation, the ordinance does not offer any guidance on the exercise of this discretion. Financial credit for any bank lender / consumer dealing unequally is the result of a creditor (financial institution) discrimination, which would otherwise result in the recovery of similar financing. Chooses one of two ways, which is discrimination and violates the fundamental rights of citizens.
Related judgments — Lahore High Court Lahore, 2009
