Messrs KOHINOOR LOOMS LIMITED vs MCB BANK LIMITED
This matter concerns a petition for leave to appeal against an order passed by the High Court in a banking recovery proceeding. The petitioner challenged the High Court's determination that the order issued by the Banking Judge was not appealable, arguing that such a finding was legally erroneous. Furthermore, the petitioner contested the reserve price fixed by the High Court for the auction of assets, asserting that the valuation was presumptuous and did not reflect the actual market value of the property in question. The Supreme Court, upon considering the preliminary submissions, granted leave to appeal to examine the maintainability of the appeal against the Banking Judge's order and to review the propriety of the reserve price determination. The Court's decision to grant leave establishes that the issues regarding the appealability of orders under the relevant financial recovery legislation and the methodology for determining reserve prices in banking auctions are substantial questions of law requiring further adjudication by the apex court.
- Is an order passed by a Banking Judge appealable under the Financial Institutions (Recovery of Finances) Ordinance 2001?
- What criteria should be applied when fixing a reserve price for the auction of assets in banking recovery proceedings?
- Section 22(6), Financial Institutions (Recovery of Finances) Ordinance 2001
ORDER
TASSADUQ HUSSAIN JILLANI, J.---Refers to section 22(6) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 and relies on a judgment of this Court reported at Pakistan Industrial Credit and Investment Corporation Limited and others v. Government of Pakistan (2002 CLD 1) to contend that the learned High Court fell in IA error in holding that the order passed by the learned Banking Judge was not appealable. Adds that the reserve price fixed by the learned HighCourt is presumptuous and not in accord with its market value.
2. Having considered the submissions made, leave is granted to consider the afore-referred issue raised and any other issue which may arise.
CMA 62-L of 2010
3. Notice for 22-3-2010.