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Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)-------S. 9---Civil Procedure Code (V of 1908), OXXXVIII, Rr.2, 3 & O.VII, R.10---Suit for recovery of loan---Jurisdiction of Court---Institution of suit in Banking Court at Lahore had been objected to on ground that according to agreement arrived at between the parties, both parties had agreed that Court of appropriate jurisdiction at Karachi would .be the proper Court to entertain all matters arising under the agreement---Defendant-company though was situated at Lahore and cause of action had also partly arisen at Lahore, but choice with regard to forum made by parties as per agreement was of binding nature and same being neither illegal nor contrary to public policy, should have been kept in mind and acted upon---Plaint filed in Court at Lahore, was directed to be returned for presentation before appropriate Court at Karachi. State Life Insurance Corporation of Pakistan v. Rana Muhammad Saleem 1987 SCMR 393; Messrs Kadir Motors (Regd.), Rawalpindi v. Messrs National Motors Ltd., Karachi and 3 others 1992 SCMR 1174; Messrs E.F.U. General Insurance Limited and others v. Fahimul Haq 1997 CLC 1441 and Muhammad Yasin and 2 others v. Ch. Muhammad Abdul Aziz PLD 1993 SC 395 ref. ORDER In the suit for recovery filed under the provisions of the Banking Companies (Recovery of Loans, Advances, Credits and Finances), Act, 1997, the defendants have applied for leave to defend (PLA No.66-B of 1999) wherein they raised an objection to the effect this Court has no jurisdiction to entertain the suit. In order to substantiate the objection so taken, reference's to Clause 10.4 of the Agreement, dated 24-5-1992 has been made, which is as follows:-- "That Court of appropriate jurisdiction at Karachi shall be proper Court to entertain all matters arising out of, or under the Agreement. " 2. It is contended by the learned counsel for the defendants that by agreement the parties chose and selected a venue and Court in the matter, i.e., Karachi, the same is binding on the parties and the suit could be filed only before a Court of appropriate jurisdiction at Karachi. The learned counsel relies…

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