Law:

Section:

Industrial Development Bank of Pakistan Ordinance (XXXI of 1961)-------S.39---Banking Companies (Recovery of Loans) Ordinance (XIX of 1979), Ss. 6(4)(a), Proviso & 2(f)(i)---Banking Companies (Recovery of Loans, Advances, Credits and Finances Act (XV of 1997), S. 2(f)(i)---Recovery of loan---Right of Industrial Development Bank of Pakistan, a Banking Company, to apply to the District Judge for the recovery of the loan advanced to an industrial concern was expressly saved by Proviso to S. 6(4)(a) of Banking Companies (Recovery of Loans) Ordinance, 1979 and therefore the jurisdiction of Special Court constituted under S. 2(f)(i), Banking Companies (Recovery of Loans) Ordinance, 1979 and the jurisdiction vesting in Special Court under Proviso to S. 6(4)(a) of the said Ordinance would not affect the jurisdiction of the District Judge to which the Banking Company had applied for the recovery of the loan etc.---Principles. Yousaf Ali Khan, Barrister-at-Law, Lahore v. Messrs Hong Kong Shangai Banking Corporation, Karachi and another 1994 SCMR 1007; Industrial Development Bank of Pakistan v. Messrs Nadeem Flour Mills and others 1981 SCMR 143 and Mst. Yasmeen Nighat and other v. National Bank of Pakistan and others PLD 1988 SC 391 ref. JUDGMENT RAJA FAYYAZ AHMED, J.---In this Constitutional petition the following reliefs have been claimed;-- (a) That the order dated 23-5-1998 passed by District Judge Ad hoc Quetta has not been passed in accordance with the law as such the same is liable to be set aside. (b) That the District Judge Ad hoc Quetta has got jurisdiction to proceed under section 39 of the Industrial Development Bank of Pakistan Ordinance, 1961. (c) To grant any other relief as is deemed fit and proper in the circumstances of the case in the interest of justice." 2. The brief facts of the case as set up in the petition are that the petitioner is a Banking Company constituted under the Industrial Development Bank of Pakistan Ordinance, 1961 with its Head Office at Karachi and Regional Office at Sharah-e-Hali at Quetta Cantt. which is a recognized Banking Company under the Banks Nationalization Act, 1974. The petitioners extended foreign currency loan…

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