Law: Financial Institutions (Recovery of Finances) Ordinance, 2001

Section: XLVI,9,10

Law: Civil Procedure Code (V of 1908)

Section: VII,10,XIII,1

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9 & 10---Civil Procedure Code (V of 1908) ,O. VII, R. 10 & O. XIII R. 1--Suit for recovery, filing of---Territorial jurisdiction, determination of---Scope--Documents admitted/acknowledged by parties---Effect---Suit filed at Rawalpindi ('R')---Held, that in the present case, the admitted documents/agreements (Diminishing Musharakah Financing Agreement etc.) clearly depicted that the parties had mutually agreed to resolve their issues at Courts of Karachi ('K') having exclusive jurisdiction for the determination of their disputes---Based on the agreements between the parties, which had been acknowledged by the parties and the documents filed and relied by the plaintiffs under S. 9 of Financial Institution (Recovery of Finances) Ordinance, 2001 ('the Ordinance 2001') along with list of documents under O. XIII, R. 1 of the "C.P.C." and under S. 10 of the Ordinance 2001 by the defendant, High Court lacked jurisdiction to entertain the matter due to specific and exclusive jurisdiction clauses in all the agreements---High Court lacked territorial jurisdiction to pass any judgment and decree against the defendant; therefore, the plaint was returned under O. VII, R. 10 of the Civil Procedure Code, 1908, for presenting it before a Court of competent jurisdiction--Suit was disposed of accordingly.Faysal Bank Limited v. Messrs Usman Enterprises and another 2023 CLD 1563; Eden Builders (Pvt.) Limited, Lahore v. Muhammad Aslam and others 2022 SCMR 2044; State Life Insurance Corporation of Pakistan v. Rana Muhammad Saleem 1987 SCMR 393 and Messrs Kadir Motors (Regd). Rawalpindi v. Messrs National Motors Ltd., Karachi and 3 others 1992 SCMR 1174 ref.(b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 9---Civil Procedure Code (V of 1908), O. VII, R. 10---Suit for recovery, filing of---Territorial jurisdiction, determination of---Scope---Exclusive jurisdiction incorporated in agreement regarding a place other than where the suit was filed--Effect---Suit was filed at Rawalpindi ('R')---Held, that in the present case, documents/ agreements (Diminishing…

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