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Civil Petition No. 280‑R of 1984, decided on 30th June, 1986.
(On appeal from the judgment, dated 18‑9‑1984 of the Peshawar High Court, Peshawar in R . F . A . No. 11 of 1983) .
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 185(3)‑‑Banking Companies (Recovery of Loans) Ordinance (XIX of 1979), S. 12(5)‑‑Petitioner having failed to comply with direction of High Court to furnish Bank Guarantee, his appeal not admitted for regular hearing and ordered to be dismissed‑‑Order impugned being entirely in accordance with law and not liable to any interference, leave to appeal refused.
Qazi Abdur Rashid, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 30th June, 1986.
The Peshawar High Court, while hearing the appeal preferred by the petitioner against the order of the Special Judge Banking Companies, N.W.F.P., Peshawer, directed the petitioner on 6-3-1984 to furnish Bank Guarantee equal to the decretal amount within two months before proceeding further with this appeal. He did not comply with this direction and instead submitted an application for permission to furnish personal security instead of a Bank Guarantee. This request was refused and as the petitioner had failed to comply with the earlier direction of the Court made under clause (5) of section 12 of the Banking Companies (Recovery of Loans) Ordinance, 1979, his appeal was not admitted for regular hearing and ordered to be dismissed. This petition for leave to appeal is directed against the said order of the High Court.
The order of the High Court impugned before us is entirely in accordance with law and is not liable to any interference.
M . I . Petition dismissed.
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