MALIK GUL HASAN & CO. and 5 others vs ALLIED BANK OF PAKISTAN LIMITED, QUETTA

This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan regarding the jurisdictional implications of the Banking Companies (Recovery of Loans) (Amendment) Act, 1992. The core legal question presented for examination is whether the change in jurisdiction introduced by the 1992 Amendment Act was merely procedural in nature and thus operated retroactively, thereby rendering proceedings before a Special Court, established under the Banking Companies (Recovery of Loans) Ordinance, 1979 and presided over by a High Court Judge, as being without jurisdiction. The Supreme Court granted leave to appeal to address this specific issue of law. Pending the final adjudication of the appeal, the Court directed the petitioner to furnish fresh security for the decretal amount before the executing court, allowing the utilization of existing security provided under a previous order, subject to its sufficiency and satisfaction. The Court further ordered that the appeal be prepared for final disposal within a period of two months.