1. This appeal under Section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (the Ordinance) challenges order dated 24.02.2015.
2. 2.Brief facts of the case are that respondent No. 1 bank filed an application in the execution proceedings seeking a direction to the appellant to pay monthly rent of the property leased out to it by the judgment-debtor respondent No. 2. The application was contested by the appellant by stating that advance rent for two years has already been paid to the judgment-debtors.
3. Notwithstanding the stance taken by the appellant, the Banking Court vide order dated 24.02.2015 .directed the appellant to deposit the future, monthly lease rentals in the Banking Court from March, 2015 till further orders.
4. 3.Learned counsel for the appellant submitted that the Banking Court fell in error in passing the impugned order without appreciating that advance rent had already been paid to the judgment- debtor. It was further submitted that by the virtue of Section 109 of the Transfer of Property Act, the appellant could not be directed to pay the rent in the Court. Learned counsel for respondent No. 1 bank, on the other hand, supported the order passed by the Banking Court.
5. 4.Arguments heard and record perused.
6. 5.It is an admitted fact that the appellant had paid the advance rent to the judgment-debtor through a banking transaction. The relevant cheque and the bank statement is available on record. The Banking Court could have made a declaration in respect to the lease deed for being void in terms of Section 23 of the Ordinance. In view of the fact that advance rent had been paid by the appellant, the Banking Court could, however, not have passed order directing it to deposit monthly rent in the Court 6.Be that as it may it was stated by the learned counsel for the appellant that the ease was cancelled. and the appellant made an application before the Banking Court for deposit of rent which application was refused hereafter the appellant started depositing the rent with the Rent Tribunal in this regard certified copy of order dated 04.03.2016 has also been placed on the record.
7. 7.This appeal is accordingly allowed, order dated 24.02.2015 is set aside and respondent No. 1 bank is directed to recover the amount of the rent deposited by the appellant from the Rent Tribunal.