2002 PLP 240 (CLD)
BANK LIMITED, KARACHI‑‑‑Plaintiff Versus ARSHAD ALI KHALID QURESHI
| Citation | 2002 PLP 240 (CLD) |
| Forum / Court | Karachi |
| Bench Members | Zia Perwez, J |
| Parties | BANK LIMITED, KARACHI‑‑‑Plaintiff Versus ARSHAD ALI KHALID QURESHI |
| Primary Law | Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 240 (CLD)?
This judgment primarily cites: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 240 (CLD)?
The case was heard and decided by the Karachi bench comprising: Zia Perwez, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 240 (CLD) (BANK LIMITED, KARACHI‑‑‑Plaintiff Versus ARSHAD ALI KHALID QURESHI). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 19th October, 2001.
Headnotes / Summary
‑‑‑‑Ss.2(b)(i) & 7(6)‑‑‑Suit for recovery of Bank loan‑‑‑Jurisdiction of Banking Court‑‑‑Transfer of the suit under S.7(6) of the Financial Institutions (Recovery of Finances) Ordinance, 2001‑‑ Value of claim made in the suit was sum of Rs.1,81,056.67‑‑‑Suit pending before the High Court was ordered to be transferred to Banking Court under S.2(b)(0 of the Financial Institutions (Recovery of Finances) Ordinance, 2001. Habib Ahmad v. Hong Kong and Shanghai Banking Company 1999 CLC 1953 ref. Jawad Sarwana for Plaintiff. Nawab Saeedullah Khan for Defendants.
Judgment & Decree
Jawad Sarwana for Plaintiff. Nawab Saeedullah Khan for Defendants. Date of hearing: 19th October, 2001. On 7‑9‑2001 the learned counsel were required to advance their views on the point of jurisdiction in view of amount of claim in this suit with reference to the jurisdiction of this Court in pursuance to section 2(b) of the Financial Institutions (Recovery of Finances) Ordinance, 2001. Mr. Jawad Sarwana, Advocate for the plaintiff, has argued that in view of Financial Institutions (Recovery of Finances) Ordinance, 2001, jurisdiction to try this suit is with the Banking Court as value of the claim in the suit is Rs.1,81,056.67 only. He placed reliance on subsection (6) of section 7 of the present Ordinance and also referred to the provisions of section 7(6) of the repealed Act (Act XV of 1997). In support of his contentions, he has also placed reliance on the case of Habib Ahmed v. Hong Kong and Shanghai Banking Company 1999 CLC 1953. Mr. Nawab Saeedullah Khan, Advocate for the defendants, has stated that the case has already been partly decided as against defendant No. l and decree has been passed ex parte and presently it is at the execution stage. He stresses upon the fact that initially judgment was passed by this Court ex parte against defendants Nos. l and 2 on 14‑11‑1983, the matter had attained finality. On 6‑5‑1990 the ex parte judgment was set aside as against defendant No.2 only and in these circumstances as the proceedings are on two prompts i.e. an execution to be effected against defendant No. l and proceedings in this suit against defendant No.2, the matter in this nature cannot be transferred to the Banking Court under the Financial Institutions (Recovery of Finances) Ordinance, 2001. The contentions of the learned counsel have been considered in the light of law as presently is. Section 4 of the present Ordinance provides as follows:‑‑ "
4. Ordinance to override other laws.‑‑‑The provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force." This is to be read in conjunction with other provisions of this Ordinance providing for transfer of that proceedings together with the overriding effect conferred to the provisions of this Ordinance. In view of this position, this matter is trans ferred to the Banking Court competent under section 2(b)(i) of the Ordinance. At this stage learned counsel for the defendants submits that a fix date may be given to appear before the learned Banking Court where this matter will be transferred as he has to come from Lahore. With the consent of learned counsel for the plaintiff, adjourned to 23‑11‑2001 before the Banking Court of competent jurisdiction where this matter will stand transferred. Q.M.H./N‑81/K Suit transferred.