Law:

Section:

Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) --- S. 4 Specific Relief Act (I of 1877), Ss. 42. & 54 ¬Constitution of Pakistan (1973), Art. 185(3) Transferring of banking suit having value of less than thirty million rupees Jurisdiction of High Court Consolidation of two suits Bank filed a suit for recovery of Bank loan against borrower as well as guarantor and the same was pending before Banking Court Another suit was filed by the guarantor in High Court, alleging that fraud and forgery had been committed upon him as he did not create any lien on his accounts nor pledged his Bonds High Court transferred the suit pending in Banking Court to High Court for decision of both the suits together Plea raised by the Bank was that claim in banking suit did not exceed thirty million rupees, therefore, under S.4 of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997, trial of the suit before High Court would be without jurisdiction ¬Validity Trial of both the suits together would not only be expedient in the interest of justice but also in the interest of both the parties as joint trial of both the suits would obviate the possibility of a conflict of s Order passed by High Court was just, fair and equitable and it did not suffer from any inherent defect or error of jurisdiction Leave to appeal was refused. JUDGMENT RANA BHAGWANMDAS, J. Petitioner seeks leave to appeal against the order, dated 4 12 2000 passed by learned Chief Justice of the Sindh High Court in Transfer Application No.17 of 2000 whereby learned High Court transferred Suit No.7 of 1997 filed by the petitioner Bank against respondents Nos.2 to 5 for recovery of Rs..79,64,375 of 1988 from Banking Court No.1, Karachi to the Sindh High Court for proceeding alongwith Suit No.83 of 1997 filed by Malik Jehangir Khan respondent No.1 against the petitioner Bank, respondents Nos.3 to 5 and others, for declaration, injunction, cancellation of documents and damages in the sum of Rs.20 million for loss of reputation and Rs.5,00,000 per month from December, 1996 till the delivery of WAPDA Bonds pledged with the petitioner Bank. 2. Briefly stated…

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