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1994 SCMR 18

MALIK GUL HASAN & CO. and 5 others vs ALLIED BANK OF PAKISTAN LIMITED,

Petitioner: MALIK GUL HASAN & CO. and 5 others VS Respondent: ALLIED BANK OF PAKISTAN LIMITED, QUETTA

Court: Supreme Court of Pakistan Decision Date: 1993-10-12

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Fazal Ilahi Khan, Saleem Akhter, Shafi-ur-Rehman Title:MALIK GUL HASAN & CO. and 5 others vs ALLIED BANK OF PAKISTAN LIMITED,

QUETTA Case No.:Civil Petition for Leave to Appeal No, 92-Q of 1993 High Court Appeal No, 2/1993 Date of Judgment:1993-10-12 Reported As: 1994 SCMR 18 Result: Leave granted Judgment ORDER ' SHAFIUR RAHMAN, J.---Leave to appeal is granted to examine, inter alia, the following question of law:- "Whether the change in jurisdiction brought about by Banking Companies (Recovery of Loans) (Amenmdent) Act, XVII of 1992 was procedural and operated retroactively so as to make the proceedings before the Special Court established under Banking Companies (Recovery of Loans) Ordinance, 1979 presided over by a Judge of the High Court without jurisdiction thereafter." 2. The petitioner shall furnish fresh security before the executing court for the decretal amount. He is permitted to do so by utilizing the same security as was furnished under order dated 24-7-1993 in appeal, provided it is sufficient and satisfactory. 3. The appeal be made ready within two months for disposal.

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