Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 2(c), 2(d), 2(e) & 7(4)---Civil Procedure Code (V of 1908), O.VII, R.11---Law Reforms Ordinance (XII of 1972), S.3--- Intra court appeal--- 'Customer', status of---Determination---Jurisdiction of Banking Court---Scope---Plaintiff filed civil suit on the ground that loan guarantee alleged to him was based on his lost papers of property mortgaged with the bank---High Court in exercise of original civil jurisdiction rejected the plaint on the ground that matter pertained to the Banking Court---Validity---Plaintiff having executed loan guarantee, was "surety" within the definition of "customer" as contained in S. 2(c) of Financial Institutions (Recovery of Finances) Ordinance, 2001---Obligation by virtue of S. 2(e) of Financial Institutions (Recovery of Finances) Ordinance, 2001, amongst others included mortgage and performance of an undertaking, therefore, again plaintiff fell within the pale of provisions of Financial Institutions (Recovery of Finances) Ordinance, 2001, in as much as mortgage in respect of house in question was also created by plaintiff in favour of the bank---By virtue of S.7(4) of Financial Institutions (Recovery of Finances) Ordinance, 2001, it was only a Banking Court, which would decide whether plaintiff was 'customer' of bank or otherwise---Banking Court was the only forum where suit could have been preferred---Division Bench of High Court declined to interfere with the order passed by Single Judge of High Court--- Intra court appeal was dismissed in circumstances. ORDER SALMAN HAMID, J.---We, in the morning, after hearing the learned counsel for the appellant and learned counsel for the respondents and the DAG (on court notice), dismissed this appeal in limine, reasons whereof are these:- 2. The appellant being aggrieved by Order dated 23-11-2010, (Impugned Order), passed by a learned Single Judge of this court, (Single Judge) in Suit No.1649 of 2009, (the Suit) on C.M.A. No.426 of 2010, moved by respondent No.2 under Order VII, Rule 11, C.P.C., (CMA) for rejection of the plaint, filed instant appeal when the Single Judge returned the plaint of the Suit…

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