| Citation(s) |
|---|
| 2012 SLG 2271 2012 SLD 2271 2012 CLD 373 |
Sindh High Court
Civil Transfer Applications Nos.2, 3, 11 and 22 of 2010, decision dated: 8-10-2010.
SARMAD, JALAL OSMANY, C.J. MUSHIR ALAM AND FAISAL ARAB, JJ
Nawab Mirza for Applicant (in Civil Transfer Application No. 11 of 2010). Aijaz Ahmed for
Respondent (in Civil Transfer Application Nos.2 of 2010 and 11 of 2010). Kazim Hasan for Applicant (in Civil Transfer Application Nos.2 of 2010 and 3 of 2010). Sa
Civil Transfer Applications Nos.2, 3, 11 and 22 of 2010, decision dated: 8-10-2010.
SARMAD, JALAL OSMANY, C.J. MUSHIR ALAM AND FAISAL ARAB, JJ
Nawab Mirza for Applicant (in Civil Transfer Application No. 11 of 2010). Aijaz Ahmed for
Respondent (in Civil Transfer Application Nos.2 of 2010 and 11 of 2010). Kazim Hasan for Applicant (in Civil Transfer Application Nos.2 of 2010 and 3 of 2010). Sa
MUHAMMAD SHAFI and others--Applicants
VS
HABIB BANK LTD. and others
Law:
Section:
(a) Financial Institutions (Recovery Finances) Ordinance (XLVI of 2001)-------Ss. 5(1) & (3)---Civil Procedure Code (V of 1908), S.24---Transfer of case---Principle---Term "Banking Court"---Scope---Financial Institution filed suit against defendants before Banking Court and defendants sought transfer of the same to High Court on the ground that already another suit filed by defendants was pending against the bank in High Court---Validity---Term "Banking Court" appearing in the end of section 5(3) of Financial Institutions (Recovery of Finances) Ordinance, 2001, was referable to both the categories of Banking Courts---High Court was fully empowered to withdraw a suit from any Banking Court established by Federal Government under section 5(1) of Financial Institutions (Recovery of Finances) Ordinance, 2001, for its trial before its own Banking jurisdiction and vice versa---Such power of transferring cases was analogous to the power of High Court that was contained in section 24, C.P.C. by virtue of which High Court could also withdraw any case pending in any court subordinate to it and try or dispose of the same itself---Transfer of suit for its trial with other suit should not be allowed where customer's application for leave to defend the suit had already been dismissed---Where leave to defend was granted in a suit filed by a financial institution and recording of evidence had yet not started or was at an initial stage, High Court might allow transfer of suit from one Banking Court to another or to its own banking jurisdiction for trial but not where customer's leave to defend application was still pending adjudication in a suit filed by financial institution---High Court should not mechanically exercise its power of transfer under section 5(3) of Financial Institutions (Recovery of Finances) Ordinance, 2001, but should allow Banking Court to first dispose of leave to defend application--Mere seeking transfer on the ground preventing conflicting s was not enough in ordering transfer of banking cases---High Court was fully empowered to withdraw a banking case pending in a Banking Court for its trial before its own Bench hearing banking case but while…
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