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SHC Summons Minister Faisal Vawda, Father In Banking Recovery Case

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Federal Minister for Water Resources Muhammad Faisal Vawda has been summoned by Sindh High Court (SHC) in a case pertaining to banking recovery. The federal minister’s father along with others have also been summoned by the court.

The court issued the orders in a case registered against Vawda under Sec 9 of Financial Institutions (Recovery of Finances Ordinance) XLVI 2001, for recovery of Rs.122,892,527.

They have been directed to appear in court within 30 days.

Section 9 of the said Ordinance pertains to procedure of Banking Courts. According to Section 9, Where a customer or a financial institution commits a default in fulfillment of any obligation with regard to any finance, the financial institution or, as the case may be, the customer, may institute a suit in the Banking Court by presenting a plaint which shall be verified on oath, in the case of a financial institution by the Branch Manager or other such officer of the financial institution as may be duly authorized in this behalf by power of attorney or otherwise.

Sub-section 2 of Section 9 states that the plaint shall be supported by a statement of account which in the case of a financial institution shall be duly certified under the Bankers Books Evidence Act, 1891 (XVII of 1891), and all other relevant documents relating to the grant of finance. Copies of the plaint, statement of account and other relevant documents shall be filed with the Banking Court in sufficient numbers so that there is one set of copies for each defendant and one extra copy.

“The plaint, in the case of a suit for recovery instituted by a financial institution, shall specifically state (a) the amount of finance availed by the defendant from the financial institution; (b) the amounts paid by the defendant to the financial institution and the dates of payment; and (c) the amount of finance and other amounts relating to the finance payable by the defendant to the financial institution upto the date of institution of the suit,” says Sub-Section 3 of Section 9 of the said Ordinance.

Its sub-section 4 states, “The provisions of section 10 of the Code of Civil Procedure, 1908 (Act V of 1908), shall have no application for and in relation to suits filed hereunder.”

Sub-section 5 of Section 9 of Financial Institutions (Recovery of Finances Ordinance) XLVI 2001 states, “On a plaint being presented to the Banking Court, a summons in Form No. 4 in Appendix ‘B’ to the Code of Civil Procedure, 1908 (Act V of 1908) or in such other form as may, from time to time, be prescribed by rules, shall be served on the defendant through the bailiff or process-server of the Banking Court, by registered post acknowledgement due, by courier and by publication in one English language and one Urdu language daily newspaper, and service duly effected in any one of the aforesaid modes shall be deemed to be valid service for purposes of this Ordinance. In the case of service of the summons through the bailiff or process-server, a copy of the plaint shall be attached therewith and in all other cases the defendant shall be entitled to obtain a copy of the plaint from the office of the Banking Court without making a written application but against due acknowledgement. The Banking Court shall ensure that the publication of summons takes place in newspapers with a wide circulation within its territorial limits.”

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