Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) Ss.2(b)(ii) & 5 Civil Procedure Code (V of 1908), S.24 ¬Transfer of case from Banking Court to High Court acting as Banking Court Pre conditions High Court as Banking Court cannot deal with "any other case" except those in which claim exceeds 50 million rupees In claims not exceeding 50 million rupees, jurisdiction has only been confined to the Banking Court established under S.5 of Financial Institutions (Recovery of Finances) Ordinance, 2001 Pre condition for transfer of a case from one Court to the other is that the transferee Court should also be competent and possessed with jurisdiction to try such case which principle is even embodied in S.24, C.P.C. Since High Court as Banking Court is not vested with jurisdiction to try a suit below the monetary slab of fifty million rupees under S. 2(b)(ii) of Financial Institutions (Recovery of Finances) Ordinance, 2001, which is a special statute, therefore, suit for recovery of amount less than 50 million rupees, cannot be transferred to High Court. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) Ss. 2(b)(ii) & 5 Civil Procedure Code (V of 1908), S.24 ¬Transfer of banking case from Banking Court to High Court acting as Banking Court Consolidation of the two suits ¬Two suits against the borrower were pending adjudication one before Banking Court and the other in High Court acting as Banking Court Contention of the borrower was that the suit pending before Banking Court be transferred to High Court so that both the suits could be tried together Plea raised by the bank was that the suit pending before Banking Court had the value less than fifty million rupees therefore, High Court had no jurisdiction to adjudicate the same Validity Bar of competence/jurisdiction prescribed in S.24(1)(a) & (1)(b)(ii), C.P.C. applied only to intra subordinate Court transfers and not to High Court which upon withdrawing a case from a subordinate Court could try the same itself by assumption of such jurisdiction on transfer Such principle by analogy could not be employed to civil suit initiated and tried under the provisions of…

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