FARM AIDS Versus DEUTCHE BANK

ORDER

1. This is an application under section 151 of the C.P.C. praying that the appeal be dismissed. as the appellant has failed to comply with the proviso of section 9 of the Banking Tribunals Ordinance, 1984 which provides that no appeal filed by the defendant shall be entertained unless he deposits the decretal amount claimed in the suit with the Banking Tribunal.

2. Mr. Shahid Hussain Qadri, learned counsel for the appellant has further stated that the appellant filed a Constitutional petition in which he has challenged the vires of the various provisions of the Banking Tribunals Ordinance, 1984 including section 9 and that the Constitutional petition has been referred to a larger Bench. He, however points out that the learned Single Judge while doing so, it vacated that stay order granted to the petitioner against the execution of the decree and that the said order of the learned Single Judge has been assailed by filing a petition for special leave to appeal before the Supreme Court in which leave has been granted and the matter is pending adjudication before the Supreme Court of Pakistan. He requests hearing of this application be adjourned.

2. 3 We regret our inability to accede to the request of the learned counsel, for the. question before the Supreme Court as also the matter in the Constitution petition filed by the petitioner, is not in issue before us. The present appeal having been filed under section 9 of the Banking Tribunals Ordinance, 1984 by the appellant himself, he has as such to comply with the provisions thereof. We are, however, not inclined to dismiss the appeal without providing opportunity to the appellant to deposit the amount as required by the above provisions. In view of what has been stated above the C.M. is allowed and tile appellant is diivqted to deposit the amount claimed in the suit within three months from today .

3. C. M. I of 1994

4. Heard. If the appellant deposits the amount in question as directed abo4, the proceedings for ex'ecution shall remain stayed. The C.M. is disposed of.

5. A.k/F‑208/L

6. Order accordingly.