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970314
The Banking Companies
(Recovery of Loans, Advances, Credits and Finances)
Ordinance, 1997
(Ordinance No. XXV of 1997)
BPRD Circular No. 7
Dated the 14th March, 1997.
We enclose for your information and necessary action a copy of the Banking Companies
(Recovery of Loans, Advances, Credits and Finances) Ordinance, 1997 (Ordinance
No. XXV of 1997) published in the Gazette of Pakistan, Extra Ordinary, Part
I dated the 4th February, 1997 together with a copy of Ministry of Law, Justice,
Human Rights and Parliamentary Affairs Notification dated 11th February, 1997
regarding establishment of banking courts.
Islamabad, the 4th February, 1997
F.No. 2(1)/97-pub.- The following Ordinance made by the President is hereby
published for general information:--
ORDINANCE NO. XXV
OF 1997
AN ORDINANCE
WHEREAS it is expedient to repeal
and with certain modifications to consolidate and re-enact the Banking Companies
(Recovery of Loans) Ordinance, 1979 (XIX of 1979) and the Banking Tribunals
Ordinance, 1984 (LVIII of 1984);
AND WHEREAS the National Assembly is not in session and the President is satisfied
that the circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred render clause (l) of Article
89 of the Constitution of thc Islamic Republic of Pakistan, the President is
pleased to make and promulgate the following Ordinance:--
(1) Short title, extent and commencement.- (1) This Ordinance may be
called the Banking Companies (Recovery of Loans, Advances, Credits and Finances)
Ordinance, 1997.
(2) It extends to the Whole of Pakistan.
(3) It shall come into force at once.
2. Definitions.- In this Ordinance, unless there is anything repugnant
in the subject or context,-
(a) "Banking Company" means-
(i) any Company whether incorporated within or beyond Pakistan which transacts
the business of Banking in Pakistan or carries one or more businesses specified
in section 7 of the Banking Companies Ordinance, 1962 (LVII of 1962);
(ii) a Bank as defined in the Banks (Nationalisation) Act, 1974 (XIX of 1974);
(iii) a scheduled Bank as defined in the State Bank of Pakistan Act, 1956 (XXXIII
of 1956);
(iv) a Government Saving Bank to which the Government Saving Bank Act, 1873
(V of 1873) applies; and
(v) a Company, an institution or an organization specified in the Schedule to
this Ordinance;
(b) "Banking Court" means-
(i) in respect of a case in which the outstanding amount of claim based on loan
or finance does not exceed ten million rupees or the trial of offences under
this Ordinance, the Court established under section 4 of this Ordinance; and
(ii) in respect of any other case, the High Court:
(c) "borrower" means a person who has obtained a loan under a system
based on interest from a banking company and includes a surety or an indemnifier;
(d) "customer" means a person who has obtained finance under a system
which is not based on interest from a banking company or is the real beneficiary
of such finance, and includes a surety or an indemnifier;
(e) "finance" includes accommodation or facility under a system which
is not based on interest but provided on the basis of participation in profit
and loss, mark-up or mark-down in price, hire-purchase, equity support, lease,
rent-sharing, licensing, charge or fee of any kind, purchase and sale of any
property, including commodities, patents, designs, trade marks and copyrights,
bills of exchange, promissory notes or other instruments with or without buy-back
arrangement by a seller, participation term Certificate, musharika Certificate,
modaraba Certificate, term finance Certificate or any other mode other than
an accommodation or facility based on interest and also includes guarantees,
indemnities and any other obligation, whether fund based or non-fund based,
and any accommodation or facility the real beneficiary whereof is a person other
than the person to whom or in whose name it was provided;
(f) "loan" means loan, advance and credit under a system based on
interest and includes-
(i) and advance, cash credit, overdraft, packing credit, a bill discounted and
purchased or any other financial accommodation provided by a banking company
to a borrower;
(ii) a guarantee, indemnity, letter of credit or any other financial engagement
which a banking company may give, issue or undertake on behalf of a borrower;
(iii) a benami loan, that is, a loan the real beneficiary or recipient whereof
is a person other than the person in whose name the loan is advanced or granted;
(iv) any amount due from any borrower to a banking company under a decree passed
by a Civil Court or an award given by an arbitrator; and
(v) any loan due from any borrower to a Banking Company which is the subject-matter
of any pending suit, appeal or revision before any Court; and
(g) "rules" means rules made under this Ordinance.
3. Ordinance not to derogate from other laws.- The provisions of this
Ordinance shall be in addition to and, save as hereinafter expressly provided,
not in derogation of any other law for the time being in force.
4. Establishment of Banking Court.-(l) The Federal Government may, by
notification in the official Gazette, establish as many Banking Courts as it
considers necessary to exercise jurisdiction in respect of the cases under section
2 (b) (i) and appoint a judge for each of such Courts and where it establishes
more Banking Courts than one, it shall specify in the notification the territorial
limits within which each of the Banking Courts shall exercise Jurisdiction under
this Ordinance.
(2) Where more Banking Courts than one have been established in the same or
different territorial limits, the High Court may, if it considers expedient
to do so in the interest of justice or for the convenience of the parties or
of the witnesses, transfer any case from one Banking Court to another.
(3) A Judge of a Banking Court shall be appointed by the Federal Government
after consultation with the High Court of the Province in which the Banking
Court is established and no person shall be appointed a Judge of a Banking Court
unless he has been a Judge of a High Court or is or has been a District Judge.
(4) A Banking Court shall hold its sitting at such places within its territorial
jurisdiction as may be determined by the Federal Government.
(5) A Judge of a Banking Court shall hold office for a term of three years from
the date on which he enters upon his office.
(6) The salary, allowances and other terms and conditions of service of a person
appointed as a Judge of a Banking Court shall be such as may be determined by
the Federal Government.
(7) Nothing contained in this section shall apply to a High Court in the exercise
of its jurisdiction under the Ordinance.
5. High Court.-- The Chief Justice of each High Court shall, for securing
expeditious disposal of cases under this Ordinance, nominate one or more Judges
to exercise jurisdiction in respect of the cases in which the High Court has
jurisdiction under section 2(b) (ii).
6. Resignation and removal of Judges.- (1) A person appointed as a Judge
of a Banking Court under section 4 may, by notice in writing under his hand
addressed to the Federal Government, resign from his office.
(2) A person appointed as a Judge of a Banking Court under section 4 may be
removed from his office on the ground of misconduct or incapacity if after enquiry
into the matter a Judge of a High Court reports that such person has been guilty
of misconduct or is incapable of performing the duties of his office.
7. Powers of Banking Courts.- (1) Subject to the provisions of this Ordinance,
a Banking Court shall-
(a) in the exercise of its civil jurisdiction have all the powers vested in
a civil court under the Code of Civil Procedure, 1908 (Act V of 1908);
(b) in the exercise of its criminal jurisdiction, try the offences punishable
under this Ordinance and shall, for this purpose, have the same powers as are
vested in the Court of Sessions under the Code of Criminal Procedure, 1898 (Act
V of 1898):
Provided that a Banking Court shall not take cognizance of any offence punishable
under this Ordinance except upon complaint in waiting made by a person authorised
in this behalf by the banking company in respect of which the offence was committed.
(2) A Banking Court shall in all matters with respect to which procedure has
not been provided for in this Ordinance, follow the procedure laid down in the
Code of Civil Procedure, 1908 (Act V of 1908), and the Code of Criminal Procedure
1898 (Act V of 1898).
(3) All proceedings before a Banking Court shall be deemed to be judicial proceedings
within the meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV
of 1860), and the Banking Court shall be deemed to be a Court for the purposes
of the Code of Criminal Procedure, 1898 (Act V of 1898).
(4) Subject to sub-section (5), no court other than a Banking Court shall have
or exercise any jurisdiction with respect to any matter to which the jurisdiction
of a Banking Court extends under this Ordinance, including a decision as to
the existence or otherwise of a loan or finance and the execution of a decree
passed by a Banking Court.
(5) Nothing in sub-section (4) shall be deemed to affect-
(a) the right of a banking company to seek any remedy before any court or otherwise
that may be available to it under the law by which the banking company may have
been established; or
(b) the power of the banking company or jurisdiction of any court such as is
referred to in clause (a);
or
require the transfer to a Banking Court of any proceeding pending before the
banking company or any such court immediately before coming into force of this
Ordinance.
(6) All proceedings, including proceedings following the filing of an arbitration
award and proceedings for the execution of a decree within the jurisdiction
of a Banking Court, pending in any Special Court constituted under the Banking
Companies (Recovery of Loans) Ordinance, 1979 (XIX of 1979), any Banking Tribunal
constituted under the Banking Tribunals Ordinance, 1984 (LVIII of 1984) or any
other court including a High Court shall stand transferred to the Banking Court
having jurisdiction. On transfer of proceedings under this sub-section, a Banking
Court shall require the attendance of the parties through notice issued in accordance
with the procedure for service of summons or notice laid down in sub-section
(2) of section 9.
(7) In respect of proceedings transferred to a Banking Court under sub-section(6)
thc Banking Court shall proceed from the stage at which the proceedings have
been transferred and shall not be bound to recall and re-hear any witness who
has given evidence before the transfer, and may act on the evidence already
recorded or produced before the Court or Tribunal from which the proceedings
have been transferred.
8. Suit for recovery of written off loans, etc.- (1) Subject to sub-section
(2), notwithstanding anything contained in the Limitation Act, 1908 (Act No.
IX of 1908) or any other law, a banking company may, within three years from
the date of coming into force of this Ordinance, file suit for the recovery
of any amount written off, released or adjusted under any agreement, contract,
consent, including compromise or withdrawal of any suit or legal proceedings
or adjustment of decree between a banking company and the borrower or customer
on any day on or after the first day of January, 1986 and before coming, into
force of this Ordinance, where it can establish that the amount was written
off, released or adjusted for consideration other than bona fide business considerations.
(2) No suit under sub-section (1) shall be filed unless the Board of Directors,
if the Banking Company is incorporated within Pakistan, or the chief executive
of the company in Pakistan, if the Banking Company is incorporated beyond Pakistan,
has approved the filing of the suit.
9. Procedure of Banking Courts.-(l) Where a borrower or customer or banking
company commits default in fulfilling any obligation, the banking company or,
as the case may be, the borrower or customer may file its claim with the Banking
Court in the form of a plaint which shall be verified on oath in the case of
a banking company by the Branch Manager or an officer of the rank of Assistant
Vice-President or Assistant Manager or such other officer as the Board of Directors
of a banking company may authorise in this behalf.
(2) On a plaint being filed with the Banking Court in accordance with the provisions
of sub-section (1), the Banking Court shall issue summons or notice requiring
the defendant to show cause, within twenty-one days of the service of such summons
or notice, as to why the decree as prayed for in the plaint should not be passed
against him. The summons or notice under this section shall be served on the
defendant through the bailiff of the court, by registered post acknowledgement
due and by publication, and service in any of the aforesaid modes shall be deemed
valid service for the purposes of this Ordinance.
(3) Upon the defendant failing to file a reply within the time given in the
show cause notice under sub-section (2) or upon rejection by the Banking Court
of the pleas taken by him in the reply, the Banking Court shall pass a decree
as prayed for in the plaint.
(4) In the event of the Banking Court passing a decree against the defendant
on his failure to give a reply to the show cause notice within the period specified
in sub-section (2), the Banking Court may, on the application of the defendant
filed within twenty-one days of the passing of the decree, set aside the same
and permit the defendant to file his reply under that sub-section provided it
is satisfied that there was sufficient cause for the defendant not having filed
the reply within the specified period.
(5) All suits filed in the Banking Court shall be disposed of within ninety
days of the filing of the plaint and in case proceedings continue beyond the
said period, the defendant shall be required to deposit in cash, or to furnish
security acceptable to the Banking Court equal in value to the claim in suit,
and on failure of the defendant to make such deposit or furnish such security,
the Banking Court shall pass decree as prayed for in the plaint:
Provided that the requirement of deposit in cash or furnishing security may
be dispensed with if in the opinion of the Banking Court the delay is not attributable
to the conduct of the defendant.
(6) Suits before a Banking Court shall come up for regular hearing as expeditiously
as possible and, except in extraordinary circumstances and for reasons to be
recorded, a Banking Court shall not allow adjournment for more than seven days.
(7) Where the claim filed by a banking company before the Banking Court is for
the enforcement of a mortgage of immovable property, the decree shall mean final
decree for foreclosure or sale as provided for in Order XXXIV of the First Schedule
to the Code of Civil Procedure, 1908 (Act-V of 1908) and the provision relating
to passing of preliminary decrees contained in the said Order shall not apply.
(8) In respect of proceedings transferred to a banking court under sub-section
(6) of section-7, the application for leave to defend filed by a defendant under
Order XXXVII of the First Schedule to the Code of Civil Procedure and the reply
filed by a defendant under section-6 of the Banking Tribunals Ordinance 1984
shall be deemed to be a reply filed by a defendant under sub-section (2) and
(3), and no fresh show cause notice shall be necessary.
10. Decree.- (1) The decree shall provide for interest or mark-up, as
the case may be, on the judgement debt from the date of institution of suit
to payment--
(a) in the case of loan, for interest at the contracted rate or at the rate
of two per cent above the State Bank Repo rate whichever is higher; and
(b) in the case of finance under a system, not based on interest, the mark-up
at the contracted rate or at the latest rate of the banking company for similar
finance whichever is higher.
Explanation.-- In clause (a) "State Bank Repo rate" means the
Repo rate fixed by the State Bank of Pakistan.
(2) The Banking Court shall not, without the consent of the decree-holder, allow
the decretal amount to be paid in such instalments as would extend the period
of full recovery beyond two years from the date of decree.
11. Attachment before judgement and appointment of receivers.-(1) Where
the plaint under sub-section (1) of Section-9 is for recovery of any amount
through sale of any property pledged, mortgaged, hypothecated, assigned or otherwise
charged as a security for the loan or finance, the Banking Court may, at any
stage of the proceedings;
(a) attach such property; and
(b) appointment one or more receivers of such property on such terms and conditions
as it may deem fit.
(2) At the time of passing an order under sub-section (1), the Banking Court
shall issue to the defendant against whom such order is passed a notice accompanied
by a copy of the order calling upon the defendant to show cause, by the date
specified in the notice, why the order made under sub-section(1) should not
be confirmed and, if no cause is shown on or before the date specified in the
notice, the Banking Court shall forthwith confirm such order until satisfaction
of any subsequent decree that may be passed by the Banking Court.
12. Execution of Decree.- (1) The Banking Court shall, on the written
or oral application of the decree-holder, forthwith order execution of the decree
or order and, where the decree or order pertains to money, may direct that the
amount covered by the decree or order, as the case may be, shall be recovered
as arrears of land revenue in accordance with the provisions of the Code of
Civil Procedure, 1908, or any other law for the time being in force or in such
other manner as the Banking Court may deem fit.
(2) Subject to sub-section(3), where a banking company is a mortgagee of any
property belonging to the judgement-debtor, it may, sell such property without
the intervention of the Banking Court either by public auction or by private
treaty to any person or purchase such property on its own account and appropriate
the proceeds thereof towards total or partial satisfaction of the decree.
(3) Where the judgement-debtor or any person acting on his behalf does not voluntarily
give possession of the mortgaged property sold or sought to be sold or purchased
or sought to be purchased or purchased by the banking company under sub-section(2),
the Banking Court on the application of the Banking Company or the purchaser
shall put the Banking Company or, as the case may be, the purchaser in possession
of the mortgaged property, in accordance with the provisions of Order XXI of
the Code of Civil Procedure, 1908.
(4) Where the mortgaged property has been sold or purchased by the banking company
under sub-section(2), the banking company shall present proper account of the
proceeds to the Banking Court within thirty days from the date of the appropriation
of the proceeds.
(5) Where the banking company wishes to sell the property by private treaty
or to purchase it on its own account it shall, before concluding the sale give
to the judgement-debtor an option by a notice in writing for purchasing or redeeming
such property at the price at which the banking company proposes to sell or
purchase within such period as the banking company may specify in such notice
which shall not, in any case, be less than seven days.
(6) Where a decree passed by a Banking Court remains unsatisfied beyond a period
of sixty days from the passing or decree due to any omission or commission on
the part of the judgement-debtor, the Banking Court may on application made
by the decree-holder impose a penalty at the rate of twenty per cent of the
decretal amount on the judgement-debtor and the amount of such penalty shall
be recovered from the judgement-debtor as a fine under the Code of Criminal
Procedure, 1898 (Act-V of 1898) and the recovery so made shall be made over
to the banking company as liquidated damages for the failure of the judgement-debtor
to satisfy the decree.
(7) Any penalty imposed by a Banking Court on a judgement-debtor under sub-section(7)
shall not be a bar for imposition of any further penalty at a later date where
the failure to pay the decretal amount continues.
(8) Notwithstanding anything contained in the Code of Civil Procedure 1908 (Act-
VI of 1908) or any other law for the time being in force;
(a) the investigations of claims and objections in respect of attachment of
any property shall be completed within thirty days of filing such claims or
objections, as the case may be; and
(b) the sale of mortgaged or attached property shall not be postponed unless
the judgement-debtor or any other person interested therein produces a better
confirmed offer and advance payment equal to fifty per cent of the purchase
money of the said property is deposited with the Banking Court.
Explanation.-- In clause(b) "better confirmed offer" means the offer
of sale price which shall be more than the sale price the property fetched at
the sale sought to be postponed.
13. Provisions relating to certain offences.-- Whoever-
(a) intentionally destroys, or removes, or reduces the value of the property
on the security of which loan or finance was provided to him, or, without the
prior approval in writing of the banking company which provided loan or finance
transfer such property or any part thereof other-wise than in accordance with
the terms of approval; or
(b) dishonestly commits breach of the terms of letter of hypothecation of trust
receipt or such other instrument or document executed by him whereby the possession
of the property offered as security for the loan or finance is not with the
banking company but is retained by or entrusted to him for the purpose of effecting
sale and paying over the sale proceeds thereof, to the banking company; or
(c) subsequent to the creation of a mortgage in favour of a Banking Company,
dishonestly creates any further encumbrance or parts with the possession of
the mortgaged property, without the written permission of the Banking Company,
shall, without prejudice to any other action which may be taken against him
under this Ordinance or any other law for the time being in force, be punishable
with imprisonment of either description for a term which may extend to five
years, and shall also be liable to fine, and shall be ordered by the Banking
Court trying the offence to deliver up or refund, within a time to be fixed
by the Banking Court, the property or the value of the property so destroyed,
removed or reduced in value or transferred as the case may be.
Explanation.-- Dishonesty shall be presumed where a borrower or a customer-
(a) shall not have deposited the sale proceeds or hypothecated goods with the
banking company in whose favour the goods were hypothecated in accordance with
the hypothecation agreement between the banking company and the borrower or
customer; and
(b) subsequent to the creation of a mortgaged in favour of a Banking Company,
creates any further encumbrance or parts with the possession of the mortgaged
property, without the written permission of the Banking Company.
(2) Whoever knowingly makes a false statement in an application for loan or
finance or applies the amount of the loan or finance towards a purpose other
than that for which the loans or finance was applied for by him or furnishes
false accounts of his business to the banking company, shall be guilty of an
offence punishable with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
(3) Whoever resists or obstructs, either himself or on behalf of the judgement-debtor
of any other person, the execution of decree or delivery of mortgaged or attached
property, shall be punishable with imprisonment which may extend to three years,
or with fine or with both.
(4) Where the persons, guilty of an offence under this Ordinance is a company
or other body corporate, the chief executive by whatever name called, and every
director, other than a non executive director, manager secretary and other officer
thereof shall, unless he proves that the offence was committed without his knowledge
or that he exercised all the due diligence to prevent the commission of such
offence, also be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly.
(5) All offence under this Ordinance shall be bailable , non-cognizable and
compoundable.
14. Application of fines.- A Banking Court imposing any fine under this
Ordinance may direct that the whole or a part thereof shall be applied in or
towards--
(a) payment of cost of all or any of the proceedings under this Ordinance; and
(b) payment to a banking company of compensation for any loss caused by the
offence, including loss of income.
15. Transfer of pending criminal proceedings.-- All criminal proceedings
pending before the Special Courts constituted under the Banking Companies (Recovery
of Loans) Ordinance, 1979 (XIX of 1979), and the Banking Tribunals constituted
under the Banking Tribunals Ordinance, 1984 (LVIII of 1984) immediately before
the establishment of the Banking Courts under section 4 shall stand transferred
to the said Banking Court having jurisdiction.
Provided that a Banking Court shall not, on conviction in any such case, pass
sentence exceeding the maximum sentence prescribed by the aforesaid laws.
16. Appeal.- (1) Any person aggrieved by a decree or an order refusing
to set aside the decree and to permit the defendant to file his reply under
sub-section(4) of section 9 or a sentence passed by a Banking Court established
under section 4 may, within thirty days of such order, decree or sentence, prefer
an appeal to the High Court.
Provided that no appeal shall be admitted for hearing unless the appellant deposits
in cash with the High Court an amount equivalent to the judgement debt or, at
the discretion of the High Court, furnishes security equal in value to such
amount:
Provided further that where the claim of the decree-holder is based on the default
of the defendant in payment of agreed installments, the deposit shall be made
or, as the case may be, the security furnished to the extent of the amount of
installments in default.
(2) An appeal under sub-section (1) shall be heard by a bench of not less than
two Judges and, in case the appeal is admitted, it shall be decided within ninety
days from the date of admission.
(3) An appeal under sub-section(1) may be preferred on any one or more of the
following grounds, namely:-
(a) the decision being contrary to law or to some usage having the force of
law; or
(b) the decision having failed to determine a material issue of law or usage
having the force of law; or
(c) a substantial error apparent in the procedure provided by or under this
Ordinance which may have produced error in the decision on merits.
(4) An appeal may be preferred under this section from a decree made ex-parte.
(5) No appeal, review or revision shall lie against any interlocutory order
of the Banking Court.
17. Finality of orders.- Subject to thc provisions of appeal under section
16, no court or other authority shall revise or review or call, or permit to
be called, in question any preceding, order, judgement, decree or sentence of
a Banking Court or the legality or propriety of anything done or intended to
be done by the Banking Court under this Ordinance.
18. Limitation Act, 1908 (Act IX of 1908) not to apply.- The provisions
of the Limitation Act, 1908 (Act IX of 1908), shall not apply to any suit, application
or other proceedings filed or transferred to a Banking Court under this Ordinance.
19. Powers to amend Schedule.- The Federal Government may, by notification
in the official Gazette, modify the Schedule so as to add any entry thereto
or omit any entry therefrom.
20. Powers to make rules.- The Federal Government may, by notification
in the official Gazette, make rules for carrying out the purposes of this Ordinance.
21. Indemnity.- No suit, prosecution or other legal proceedings shall
lie against the Federal Government, a Banking Court or a banking company or
any other person for anything which is in good faith done or intended to be
done under this Ordinance or any rule or order made thereunder.
22. Removal of difficulties.- If any difficulty arises in giving effect
to any of the provisions of this Ordinance, the Federal Government may, by notification
in the official Gazette, make such provisions as it thinks fit for removing
that difficulty.
23. Repeal.- The Banking Companies (Recovery of Loans) Ordinance, 1979
(XIX of 1979), and Banking Tribunals Ordinance, 1984 (LVIII of 1984), are hereby
repealed.
THE SCHEDULE
See Section 2 (a) (vi)
1. Bankers Equity Limited.
2. House Building Finance Corporation.
3. Investment Corporation of Pakistan.
4. National Development Finance Corporation.
5. National Investment Trust.
6. Pakistan Industrial Credit and Investment Corporation.
7. Pak-Libya Holding Co. Limited.
8. Pak-Kuwait Investment Co. Limited:
9. Saudi Pak Industrial and Agricultural Investment Company Limited.
10. Small Business Finance Corporation.
11. National Development Leasing Corporation.
12. Regional Development Finance Corporation.
13. Equity Participation Fund.
14. Orix Leasing Pakistan Limited.
15. Dadabhoy Agricultural Leasing Company Limited.
16. Asian Leasing Corporation Limited.
17. Atlas BOT Leasing Corporation Limited.
18. Pakistan Industrial and Commercial Leasing Corporation Limited.
19. Pakistan Industrial Leasing Corporation Limited.
20. Standard Chartered Mercantile Leasing Company Limited.
21. National Asset Leasing Company Limited.
22. International Multi-Leasing Corporation Limited.
23. Ghemni Leasing Company Limited.
24. First Leasing Corporation Limited.
25. Credit and Leasing Corporation Limited.
26. English Leasing Company Limited.
27. Trust Leasing Corporation Limited.
28. B.F. Modaraba.
29. B.R.R. Capital Modaraba.
30. B.R.R. Second Modaraba.
31. Constellation Modaraba.
32. 1st Crescent Modaraba.
33. 1st D.G. Modaraba.
34. First Elite Capital Modaraba.
35. 1st Equity Modaraba.
36. 1st Grindlays Modaraba.
37. 1st Habib Bank Modaraba.
38. 1st Habib Modaraba.
39. 1st Hajwairy Modaraba.
40. 1st Inter Fund Modaraba.
41. 1st Mehran Modaraba.
42. 1st National Modaraba.
43. 1st Nishat Modaraba.
44. 1st Pak. Modaraba.
45. 1st Premier Modaraba.
46. 1st Professional Modaraba.
47. 1st Providence Modaraba.
48. 1st Prudential Modaraba.
49. 1st Sanaullah Modaraba.
50. 1st Tawakal Modaraba.
51. 1st Tri Star Modaraba.
52. 1st U.D.L. Modaraba.
53. Industrial Capital Modaraba.
54. L.T.V. Capital Modaraba.
55. Modaraba Almali.
56. Modaraba Al Tijara.
57. Schon Modaraba.
58. 2nd Prudential Modaraba.
59. 3rd Prudential Modaraba.
60. Trust Modaraba.
61. Uni Gap Modaraba.
62. Al-Zamin Leasing Modaraba.
63. Crescent Investment Bank Limited.
64. 1st International Investment Bank Limited.
65. Islamic Investment Bank Limited.
66. AI-Tawfeeq Investment Bank Limited
67. Prudential Investment Bank Limited.
68. Atlas BOT Investment Bank Limited.
69. Security Investment Finance Bank Limited.
70. Fidelity Investment Bank Limited
71. Al-Faisal Investment Bank Limited.
72. Citibank Housing Finance Company Limited.
73. Citicorp Investment Bank (Pakistan) Limited.
74. Natover Motor Lease Limited.
75. International Housing Finance Limited.
76. Interfund Housing Finance Limited.
77. Prudential Discount and Guarantee House Limited.
78. Inter Asia Leasing Company Limited.
79. Al-Ata Leasing Modaraba.
80. Al-Faysal Investment Bank Limited.
81. The Bank of Punjab.
82. Askari Leasing Limited.
83. Capital Assets Leasing Corporation Limited.
84. Union Leasing Limited.
85. Pacific Leasing Limited.
Islamabad, the 11th February, 1997
NOTIFICATION
No. F. 17(2)/97 AII:- In exercise of the powers conferred by sub-section(l) Section-4 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Ordinance, 1997 (XXV of 1997) and in supersession of all its previous notifications on the subject, the Federal Government is pleased to establish the following Banking Courts with immediate effect and until further orders and specify the territorial limits of each Court within which such Banking Court shall exercise jurisdiction under the said Ordinance:--
| S. No. Name of Banking Court | Territorial Limits |
| 1. Mr. Rustam All, Malik Banking Court-I, Faisalabad. | Faisalabad Division of the Province of the Punjab. |
| 2. Mr. Rustam Ali Malik, Banking Court-II, Faisalabad. | Faisalabad Division of the Province of the Punjab. |
| 3. Mian Abdul Haleem Sadiq, Banking Court-I, Sargodha. | Sargodha Division of the Province of the Punjab. |
| 4. Mian Abdul Haleera Sadiq, Banking Court-II, Sargodha. | Sargodha Division of the Province of the Punjab. |
| 5. Mr. Ahmed Bakhsh Bapa Banking Court-I, Multan. | D.G. Khan and Multan Divisions except Sahiwal District of the Province of the Punjab. |
| 6. Mr. Ahmed Bakhsh Bapa, Banking Court-II, Multan. | D.G. Khan and Multan Divisions except Sahiwal District of the Province of the Punjab. |
| 7. Mr. Ahmed Bakhsh Bapa, Banking Court-III, Multan. | D.G. Khan and Multan Divisions except Sahiwal District of the Province of the Punjab. |
| 8. Mr. Ahmed Bakhsh Bapa, Banking Court, Bahawalpur. | Bahawalpur Division of the Province of the, Punjab. |
| 9. Mr. Ahmed Bakhsh Bapa, Banking Court, Sahiwal. | Sahiwal District of the Province of the Punjab. |
| 10. Mr. Zulfiqar Ali Khan, Banking Court-I, Lahore. | Lahore Division of the Province of the Punjab. |
| 11. Mr. Muhammad Ashiq Khan, Banking Court-II, Lahore. | Lahore Division of the Province of the Punjab. |
| 12. Mr. Muhammad Ashiq Khan, Banking Court-III, Lahore. | Lahore Division of the Province of the Punjab. |
| 13. Mr. Muhammad Ashiq Khan, Banking Court-IV, Lahore. | Lahore Division of the Province of the Punjab. |
| 14. Mr. Abdur Rashid Khan, Banking Court, Gujranwala. | Gujranwala Division of the Province of the Punjab. |
| 15. Sh. Abdul Rasheed, Banking Court, Rawalpindi. | Rawalpindi Division of the Province of the Punjab, Islamabad Capital Territory and Axad Jammu and Kashmir. |
| 16. Mr. Ijaz-ul-Hassan Khan, Banking Court, Peshawar. | Whole of the North-West Frontier Province except Hazara Division. |
| 17. Mr. Ijaz-ul-Hassan Khan, Banking Court, Abbottabad. | Hazara Division of the North-West Frontier Province, |
| 18. Mrs. Qaiser Iqbal, Banking Court-I, Karachi. | Karachi Division of the Province of Sindh. |
| 19. Mrs. Qaiser Iqbal, Banking Court-II, Karachi. | Karachi Division of the Province of Sindh. |
| 20. Mrs. Qaiser Iqbal, Banking Court-III, Karachi. | Karachi Division of the Province of Sindh. |
| 21. Mr. Nadir Hussam Shah, Banking Court, Larkana. | Larkana Division of the Province of Sindh. |
| 22. Mr. Ali Nawaz Channa, Banking Court, Sukkur. | Sukkur Division of the Province of Sindh. |
| 23. Mr. Khadim H. Junejo, Banking Court, Hyderabad. | Hyderabad and Mirpur Khas Divisions of the Province of Sindh. |
| 24. Banking Court, Quetta | Whole of the Province Baluchistan. |
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