| Citation(s) |
|---|
| 2006 SLG 2829 2006 SLD 2829 2006 CLD 67 |
Lahore High Court
Regular First Appeal No. 137 of 1998, heard on 20-10-2003.
SYED ZAHID HUSSAIN AND MUHAMMAD AKHTAR SHABBIR, JJ
Rana Nasar Ullah Khan for Appellants. Sh. Naveed Masood for
Respondent.
Regular First Appeal No. 137 of 1998, heard on 20-10-2003.
SYED ZAHID HUSSAIN AND MUHAMMAD AKHTAR SHABBIR, JJ
Rana Nasar Ullah Khan for Appellants. Sh. Naveed Masood for
Respondent.
ZAIB COLD STORAGE AND ICE FACTORY through Sole Proprietor and another
VS
. Messrs PAKISTAN INDUSTRIAL LEASING CORPORATION LIMITED (PILCORP) --Respondent
Law:
Section:
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-----Ss. 9 & 22---Suit for recovery of loan---Territorial jurisdiction of Banking Court---Contention of defendant that Court at Lahore had no jurisdiction in, the matter as defendant/Factory was situated at Sialkot and documents were executed there, had no merits in view of lease agreement which had provided: "Lease Agreement has been entered into at Lahore and parties are agreed that Courts at Lahore shall have exclusive jurisdiction in any and all litigations arising from or in connection with this Lease Agreement"---Having admitted the execution of agreement at Lahore and having agreed that the Court at Lahore would have jurisdiction in the matter, it could not be successfully pleaded on behalf of defendant that Court at Lahore had no jurisdiction to entertain, try or adjudicate the matter---Decree granted by Banking Court for a sum of Rs.8,00,700, however was not consistent with previous findings of the Court as Court had specifically noted that claim of plaintiff- Corporation was accepted and was to be decreed to the extent of lease rentals on the machinery and not finance facility relating to the car---As per operative part of order of Banking Court, decree granted for Rs. 8,00,700 covered also an amount of Rs.1,51,750 as rentals of the car---Such was result of an error having crept in the order which needed to be corrected---To make the decretal amount consistent with the findings and , it was directed that decree granted by Banking Court would be for Rs. 6, 48, 950 (8, 00, 700 minus 1, 51,750). Tahir Tariq Textile Mills (Pvt.) Ltd. through Chief Executive and 2 others v. N.D.F.C. through Chairman 2001 YLR 846 and Bankers Equity Ltd. v. Iqas Weaving Mills (Pvt.) Ltd. 2001 CLC 169 ref. JUDGMENT SYED ZAHID HUSSAIN, J.---A suit for recovery of sum of Rs. 19,85,663 instituted by the respondent-Corporation was decreed by the Banking Court No.4 on 16-2-1998 to the extent of Rs.8,00,700 with costs. This is appeal there against. 2. The learned counsel for the parties have been heard and the record has been perused. 3. The contention of the learned counsel for the appellant that the Court…
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