Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 5(3) & 19---Civil Procedure Code (V of 1908), S. 39---Execution proceedings---Transfer to other court---Jurisdiction---Banking Court at place "K" without any application, transferred execution proceedings to Banking Court at place "H"---Validity---Execution application was transferred by Banking Court at place "K" to Banking Court at place "H" on its own motion although S. 39(2), C.P.C. permitted suo motu transfer of a decree by Court which passed decree to a subordinate court of competent jurisdiction---Banking Court at place "H" could not be termed to be a subordinate court of Banking Court at place "K"---No embargo existed on jurisdiction of Banking Court to execute a decree or cause attachment and sale in respect of properties falling outside its territorial jurisdiction---Banking Court at place "K" was a special court constituted under special law and could execute decree by attaching and/or selling properties situated in district "J"---High Court set aside the order passed by Banking Court at place "K" transferring execution application to Banking Court at place "H" for its execution, as same was illegal ab initio---Constitutional petition was allowed accordingly. THIS ORDER PASSED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.--- Through this petition, the petitioner bank/decree holder has called in question order dated 10.09.2014, passed by the learned Judge Banking Court-II Karachi in Execution Application No. 67 of 2009 re-City Bank N.A. v. Mrs. Anjum Saleem judgment debtor, culminated from Suit No. 290/2008, re-City Bank N.A. v. Mrs. Anjum, whereby the aforesaid Execution Application has been transferred to the Banking Court-I Hyderabad, for execution of the decree. 2. Briefly the facts of the case are that the respondent No. 1 availed of the finance facility from the petitioner-Bank. As the respondent failed to repay the outstanding dues, hence the petitioner-bank filed suit bearing Suit No. 290 of 2008 against the respondent No. 1, which was decreed by the Banking Court-II Karachi, vide decree dated 05.05.2009. However, the decree was modified by this Court in First…

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