' ABID AZIZ SHEIKH, J. --- Through this Constitutional petition, the petitioner has challenged the order dated 10.02.2010 passed by Judge Banking Court No, II, Faisalabad, whereby possession of the mortgaged property has been handed over to the respondent bank under section 15 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (Ordinance).
2. Learned counsel for the petitioner submits that as section 15 of the Ordinance has already been declared ultravires of the Constitution of Islamic Republic of Pakistan, 1973 (Constitution) by this Court in Muhammad Umer Rathore vs. F.O.P. (2009 CLD 257), therefore, the impugned order passed under section 15 of the Ordinance is not sustainable.
3. Learned counsel for the respondents has not denied the above legal position.
4. I have heard the learned counsel for the parties and perused the record. It is not denied that section15 of the Constitution by this Court in Muhammad Umar Rathore's case (supra) and by august Supreme Court in N.B.P. And 117 others vs. Saf Textile Mills Ltd. And another (PLD 2014 SC 283).
The impugned order dated 10.02.2010 was passed in pursuance to section 15 of the Ordinance and since section 15 has already been declared ultravires by this Court, as well as, august Supreme Court, therefore, impugned order is not sustainable.
5. In view above, this petition is allowed and the impugned order dated 10.02.2010 is set aside. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.