Law: Civil Procedure Code (V of 1908)

Section: 1 , 2 , 3 , 2(c)(d)(e) , (f) , 9

  Civil Procedure Code (V of 1908)--- ----0. XXXVII, Rr.1, 2 & 3---Banking Companies (Recovery of Loans, Advances, Credits and Finances) Ordinance (XV of 1997), Ss.2(c)(d)(e), (f) & 9---Institution of suit in Banking Court---Conditions---Proper forum for filing suit---In order to bring any transaction within provision of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Ordinance, 1997 it would have to be established that relationship between the parties to the transaction was either that of a borrower or customer (who had obtained loan or finance from a Banking Company) and that such transaction involved extension of loan or finance to such borrower or customer- --Plaintiff neither was a borrower or a customer nor he had obtained loan or finance from the Bank---Plaint showed that certain sum of money was placed with Bank (1) by plaintiff as an investment for which Bank (7) issued cheques drawn on Bank (1)'s account which were endorsed good for payment, but subsequently were dishonoured---Plaintiff, in circumstances, could not be said to have borrowed money from defendant-Bank---Mere issuance of cheques drawn on account-holder's account and endorsed good for payment by Bank, would not amount to a transaction as contemplated by Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997---Suit filed by plaintiff, in circumstances, would proceed as an ordinary suit before original civil side of High Court based on summary chapter of Civil Procedure Code as negotiable instrument as provided under O.XXXVII, R.2, C.P.C. I.M. Patel for Plaintiff. Zubair Qureshi for Defendant No.7. . ORDER   Vide this order I propose to dispose of the preliminary issue as regards jurisdiction which has been raised by Mr. Zubair Qureshi, learned counsel for defendant No.7. Mr. Zubair Qureshi contends that as defendant No.7 is a Bank i.e. National Bank of Pakistan and as the allegation against said defendant is that it had issued certain cheques in the plaintiffs' favour which were endorsed as good for payment but subsequently, dishonoured, therefore, the present matter should be treated as a Banking matter and…