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(a) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)-------S.2(c)(d) & (9)---Civil Procedure Code (V of 1908), O.VII, R.10---Suit for declaration, injunction and damages---Return of plaint---Plaintiff sought decree against Bank and its officials for recovery of damages for his personal malicious prosecution/defamation, declaration against their acts and injunction to restrain them from creating any demand against him by considering him director/beneficiary or shareholder of borrower-company---Maintainability---Suit for recovery on basis of finance/loan could be filed only by a banking company against persons, who fell within definition of "customers" or "borrowers"---Plaint and its prayer showed that plaintiffs cause of action against Bank and its officials was in his personal capacity or as Director of company--¬Capacity of Director or shareholder of a company could not be equated with capacity of a person as surety, indemnifier or guarantor of company---Person only in capacity of Director or shareholder of company would not fall within definition of a "customer" or "borrower"---Plaintiff had not sued Bank and its officials with regard to obligations arising out of finance---Suit did not arise out of finance or advance by Bank to borrower-company---Banking Court had no jurisdiction to entertain such suit---Plaint was returned for its presentation before competent Court. Muhammad Khalid v. Civil Judge 2001 YLR 905; Settlement and Rehabilitation Commissioner, Hyderabad and others v. Mannu Khan and others 1973 SCMR 62; 1993 SCMR 2101 and 1990 SCMR 1630 ref. (b) Civil Procedure Code (V of 1908)--- ----O.VII, Rr.10 & 11---Absence of jurisdiction---Provisions invokable would be as contained in O.VII, R.10, C.P.C., and not in O. VII, R.11, C.P.C. ORDER Haji Muhammad Nawaz Khokhar son of Allah Ditta i.e. plaintiff filed against United Bank Limited and 4 others, suit for recovery of 500 million as damages and for declaration and perpetual injunction. Upon summons, defendants filed P.L.A. No.199-B-1998. On 23-11-1998, unconditional leave to defend the suit was granted by this Court. Written statement was filed on 7-2-2000 by…

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