Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) ------Ss.5(3) & 9---Civil Procedure Code (V of 1908), S.24---Transfer application---Prayer for transfer of suit from Banking Court to High Court, where another suit between both parties involving same issues was pending---Validity---Held, trial of both suits would not only be expedient in interest of justice, but would also be in interest of both parties as joint trial of both suits would certainly obviate possibility of a conflict of ---High Court accepted transfer application in circumstances. Malik Jehangir Khan v. Banking Tribunal No.1 Karachi 2002 CLD 1466; Messrs Shazim International (Pvt.) Ltd. v. Messrs First Women Bank Ltd. T.A. No. 10 of 2006; Mybank Ltd. v. Speedway Fondmetall Pakistan Ltd. and others 2007 CLD 1547; Messrs Sialkot Dairies Ltd. v. Agricultural Development Bank of Pakistan 2003 CLD 67 and Masjid Bilal v. Wali Muhammad and others 2006 CLC 1757 ref. ORDER MUHAMMAD AFZAL SOOMRO, C.J.---This is a transfer application for transferring Suit No.310 of 2007 filed by the respondent against the applicant pending before Banking Court No.V at Karachi to the High Court of Sindh and be clubbed with Suit No.B-11 of 2007 filed by the applicant against the respondent as the parties as well as subject-matter are same and further in order to avoid conflicting decision in the matters. It is contended by the learned counsel for the applicant that the dispute and issues which require determination in the above suits are identical and common, as such both suits be tried together by the High Court under the Banking jurisdiction. To support his case learned counsel has relied upon the case of Malik Jehangir Khan v. Banking Tribunal No. 1 Karachi 2002 CLD 1466, wherein it has been held that when a Court is conferred pecuniary jurisdiction at a higher stage or level then it will continue to have jurisdiction to proceed with suits or matters involving subject-matter of the value less than the minimum pecuniary jurisdiction conferred on it. In the case of Messrs First Women Bank Ltd. v. Registrar High Court of Sindh 2004 SCMR 108, it has been held that the trial of both the suits would not…

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