Hafiz Abdul Baqi & Co

The firm advises both lenders and borrowers on secured and unsecured lending, and appears in recovery proceedings before the Banking Courts in Sindh. Karachi is the country's financial centre, and this practice has grown alongside it.

We prepare and review facility agreements and the security that supports them, and act in enforcement when a facility goes wrong. Islamic finance structures — murabaha, ijarah, diminishing musharakah — form a substantial and growing part of the work, and require documentation that is enforceable as well as compliant.

What we do

  • Facility agreements, term sheets and syndicated lending documentation
  • Security documentation: mortgages, hypothecation, pledges and charges
  • Registration and perfection of charges with the SECP
  • Islamic finance structures including murabaha, ijarah and diminishing musharakah
  • Recovery suits under the Financial Institutions (Recovery of Finances) Ordinance 2001
  • Enforcement and sale of mortgaged property
  • Defending recovery proceedings and negotiating restructuring
  • Regulatory advice on State Bank of Pakistan prudential regulations

How we work

Matters in this area are handled by senior counsel from first instruction to final order. We give a candid view of the merits at the outset — including where a claim is not worth running — and agree fees before work begins rather than after.

If your matter touches more than one of our practice areas, it will be dealt with by the same team rather than passed between departments.

Common Questions

Banking & Finance: frequently asked

How does recovery under the Financial Institutions Ordinance differ from an ordinary suit?

The Ordinance provides a specialised and comparatively expedited procedure before the Banking Courts, with restrictions on the defences a borrower may raise without leave. It is materially faster than an ordinary civil recovery suit, which is why financial institutions rely on it.

Can a borrower defend a banking recovery suit?

Yes, but the procedure requires leave to defend, supported by an affidavit setting out a substantial question of law or fact. The application must be filed within a short window, so early advice matters a great deal.

Enquiries

Discuss a banking & finance matter.

An initial consultation carries no obligation, and we will tell you plainly whether the firm is the right one for the matter.

Contact the firm