For Borrowers

Defence in recovery suits, leave to defend applications, challenge to the amount claimed, and protection against unlawful sale.

For Guarantors

Defence against recovery claims under guarantees, challenge to the underlying liability, and negotiation of settlements.

For Financial Institutions

Filing and prosecution of recovery suits, enforcement of decrees, and appeals against adverse judgments.

Section 9 — Institution of Recovery Suit

• A financial institution may file a recovery suit through a plaint.
• The plaint must be supported by a certified statement of account.
• The statement of account is prima facie evidence of the amount due.
• The suit is filed before the Banking Court having jurisdiction.
• The court may issue summons to the defendant.

Section 10 — Leave to Defend

• The defendant must apply for leave to defend the suit.
• The application must disclose a valid defence on the merits.
• If leave is granted, the suit proceeds to trial.
• If leave is refused, the bank may obtain a decree immediately.
• The court may impose conditions while granting leave.

Section 15 — Sale Without Court Intervention

• A financial institution may sell or auction mortgaged, pledged, or hypothecated property without the intervention of a court.
• This power is subject to regulatory checks and SBP guidelines.
• The sale must be conducted in a transparent manner.
• Borrowers can challenge illegal or mala fide sales.
• Proceeds are applied to the outstanding liability.

Section 22 — Appeals

• Appeals against Banking Court final decrees/judgments lie to the Lahore High Court.
• The appeal must be filed within the prescribed limitation period.
• Grounds include errors of law, misreading of evidence, and jurisdictional issues.
• The High Court may stay execution pending appeal.
• Further appeal may lie to the Supreme Court.

Defence in Recovery Suits

• Representation at all stages before the Banking Court
• Leave to defend applications under Section 10
• Challenge to the plaint and certified statement of account
• Written statement with detailed objections
• Stay of proceedings and protection against sale

Filing & Prosecution of Recovery Suits

• Filing of plaints under Section 9
• Preparation of certified statements of account
• Prosecution of recovery suits
• Execution and enforcement of decrees
• Appeals against adverse judgments

Section 15 — Sale & Auction Challenges

• Challenge to illegal or mala fide sale of mortgaged property
• Objections to auction procedure and pricing
• Protection of borrower’s rights during sale
• Complaints to SBP and Banking Mohtasib
• Injunctions against unlawful sale

Section 22 — Appeals to Lahore High Court

• Filing and prosecution of appeals against Banking Court decrees
• Grounds of appeal — errors of law, misreading of evidence, jurisdiction
• Stay of execution pending appeal
• Further appeal to the Supreme Court

Execution & Recovery Defence

• Objections to attachment and auction
• Protection of exempt assets
• Challenge to execution proceedings
• Negotiated settlements and payment plans
• Restructuring and one-time settlement

Advisory & Compliance

• Review of facility agreements and security documents
• Advice on FIRO 2001 obligations
• Compliance with SBP prudential regulations
• Risk assessment for borrowers and guarantors

Focused on FIRO 2001 Recovery Suits

We handle civil recovery suits under the summary jurisdiction as a core area. We understand Sections 9, 10, 15, and 22 in depth.

Both Sides of the Table

Experience acting for borrowers and financial institutions gives us a clear view of how the other side will build its case.

Speed & Availability

Recovery suits move quickly. We prioritize urgent leave to defend, stay, and interim relief applications.

Nationwide Coverage

We appear before Banking Courts and High Courts across Pakistan, and coordinate local appearance in all major cities and districts.

Clear, Honest Advice

You will be told the strengths and weaknesses of your case, the likely cost, and the realistic timeline — before you commit.

Documentation Discipline

Recovery suits are won and lost on documents. We scrutinize every plaint, statement of account, and security document.