Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss.2(a), 2(d) & 9---Banking Court---Determination of jurisdiction---Pre-conditions--For exercise of jurisdiction as Banking Court, it is fundamental, imperative, essential and sine qua non that two conditions must be met, co-exist and fulfilled---Firstly Special Court should have jurisdiction over the subject-matter, which means that cause of action propounded in plaint must be for redressal of grievance regarding enforcement of right or complaint about breach of obligation on the part of defendant but relatable to "finance" as such the same can be termed to be "subject-matter of jurisdiction"---If dispute inter se "financial institution" and "customer" or vice versa is not based upon "finance" and far failure of obligation in relation thereto, the Special Court does not have jurisdiction in the matter---Second facet of jurisdiction is over parties to his, which may be termed as "jurisdiction over the parties" and connotes that Banking Court has only jurisdiction in cases, where relationship of "financial institution" and that of "customer" exists between parties---Considering both aspects of jurisdiction, broad question of jurisdiction is that dispute should be between "customer" and "financial institution" as defined in law, in respect of failure of defendant to fulfil its/his obligations in relation to "finance", which has been specifically, lucidly and clearly mentioned in S.9 of Financial Institutions (Recovery of Finances) Ordinance, 2001, which is key provision of the special law and' can be termed as jurisdictional clause of the enactment---If relationship between parties to suit is not that of "customer" and 'financial institution" and is not about 'finance" Special Court does not have jurisdiction. Qatar Airways PLC v. ANZ Grindlays Bank 2000 CLC 1455; Messrs Shah Jewana Textile Mills Ltd. Lahore through representative v. United Bank Ltd. through Attorney PLD 2000 Lah. 162; Ahmad Murad Malik v. Presiding Officer, Banking Court 2002 CLD 577; Sheikh Nazir Ahmad v. House Building Finance Corporation through General Manager 2002 CLD 1634; Habib Bank Limited v. Messrs The…

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