MAJEED ENTERPRISES Versus UNITED BANK LIMITED

ORDER

WARHUDDIN AHMED, J.‑‑ This is an application filed by the appellant for exemption to file the original Power of Attorney. The application is not resisted by Mr. Masood Shaheryar and is granted.

2. Through this application learned counsel for the appellant seeks exemption from furnishing security as a precondition of the filing of this appeal. In fact even if the appellant wanted to furnish security we could not accept it in view of the mandatory provision in the first proviso to section 9 of the Banking Tribunals Ordinance, 1984. Since the requisite deposit of the decretal amount has neither preceded nor is contemporaneous with this appeal, the application has to be dismissed and the appeal also simultaneously has to meet the same fate. We do so accordingly.

However, it is the consistent view of the superior Courts in this country that where an appeal provides deposit of the claimed amount as a precondition, the right of appeal is illusory and not in the nature of an adequate remedy. In such circumstances Constitutional jurisdiction of the Court is attracted. The appellant may if it chooses file a Constitutional petition.

A.A./M‑1968/K Appeal dismissed.