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GULZAR ALI & COMPANY versus SPECIAL JUDGE, SPECIAL COURT OF BANKING FOR SINDH AT KARACHI


Banking Companies (Recovery of Loans) Ordinance 1979 Section 2 Constitution of Pakistan (1973), Article 199 The right of legality for certification of suits constitutional jurisdiction to recover bank loans Principal borrower obtained over draft benefits plaintiffs / defendants Implemented numerous documents in favor of the bank suit. The principal defendant / defendant was not given leave to defend the case for the recovery of the loan, while the bailiff / defendant was granted leave to defend, but they failed to comply with the condition. The order was passed against the applicants. In the constitutional petition, the respondents challenged the specific date order for the recovery of the loan amount under which the principal defendant / defendant was denied leave to defend the case, subsequently the defendants / applicants. After the decree was passed against, the deadline order was merged into the final decree. Applicants could not challenge Pre-Lemina After approval of the final decree, the defendants / applicants were approaching the court to obtain orders of their benefit without sanctioning the final order, thus final decision is to consent. Under which the applicants / respondents accepted the final order and agreed on their mode. The applicants / defendants expressly withheld such proceedings from the High Court's request for constitutional jurisdiction under Article 199 of the Constitution.

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