Law:

Section:

(a) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) Ss. 9 & 10 Civil Procedure Code (V of 1908), O. VIII, R.11 Suit against Bank not relating to loan or finance ¬Rejection of plaint Agreement executed between parties to suit and a foreign Bank was produced by plaintiff with counter affidavit in reply to defendant's leave application ¬Such agreement was neither referred to in plaint nor suit was based thereon Defendant did not dispute or deny agreement, but referred to same in written statement Held, such agreement could be considered at time of deciding application under O. VII, R.11, C.P. C. 1992 MLD 225; 1994 SCMR 826; 1993 MLD 2419; 2000 CLC 1620 and 2002 SCMR 338 ref. (b) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) Ss. 9 & 27 Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss. 9 & 27 Civil Procedure Code (V of 1908), O. VII, R.11 Suit against Bank not relating to loan or finance Issue on jurisdiction of Banking Court was framed, but declined to be decided as preliminary issue Application by defendant seeking rejection of plaint on the ground that suit was barred under Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 as same did not relate to loan or finance Validity ¬Framing of an issue as to jurisdiction would not denude Banking Court of its powers to entertain and decide application under O. VII, R.11 or 10, C.P.C., within parameters defined by law for such purpose Any order on such application would not amount to review of earlier order declining to decide such issue as preliminary issue. AIR 1993 All. 762; 1990 MLD 1764; 1973 SCMR 62; PLD 1995 SC 362; 1999 SCMR 2353 and 2001 CLC 1363 ref. (c) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) -- Ss. 2(c)(d)(e)(f) & 9 Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss. 2(c)(d)(e) & 9 High Court of West Pakistan (Establishment) Order (XIX of 1955), para. 5 Suit against Bank not relating to loan or finance ¬Jurisdiction of Banking Court Dispute raised by plaintiff was in respect of operation…

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