2009 PLP 172 (CLD)
Messrs AL-AZIZ ROUTE TRANSPORT COMPANY and 3 others — Applicants Versus Messrs ASKARI LEASING LIMITED and another — Respondents
| Citation | 2009 PLP 172 (CLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Messrs AL-AZIZ ROUTE TRANSPORT COMPANY and 3 others — Applicants Versus Messrs ASKARI LEASING LIMITED and another — Respondents |
| Primary Law | Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) |
Q1: What are the key laws and sections cited in 2009 PLP 172 (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 2009 PLP 172 (CLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 172 (CLD) (Messrs AL-AZIZ ROUTE TRANSPORT COMPANY and 3 others — Applicants Versus Messrs ASKARI LEASING LIMITED and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Behzad Haider for Respondents.
Headnotes / Summary
S.5(3)
Civil Procedure Code (V of 1908), S.24
Transfer of suit from Banking Court to High Court in its Banking jurisdiction was sought on the plea that another suit was pending in the High Court between the same parties and leave to defend the suit had been granted in the said suit and copy of leave granting order was also submitted
Counsel for other party had conceded that it would be appropriate if both the suits were tried by the same court, i.e. the High Court
Suit pending before Banking Court, with consent of the parties, was ordered to be transferred to the High Court accordingly.
Judgment & Decree
ANWAR ZAHEER JAMALI, J.
Through this civil transfer application, applicants have sought transfer of Suit No. 220 of 2008 pending before the Banking Court No.11 at Karachi to the High Court in its banking jurisdiction where other Suit No.B-13 of 2008 between the same parties is already pending.
2. On the previous date of hearing i.e. 17-10-2008 this transfer application was adjourned with the observation that in the intervening period, the Banking Court will positively dispose of the leave to defend application pending in Suit No. 220 of 2008.
3. Today a Photostat copy of certified true copy of the order dated 15-11-2008 passed in the said suit has been placed on record by Mr. Saalim Salam Ansari, learned counsel for the applicants to show that leave to defend has been accorded to the plaintiff in said suit.
4. In these circumstances, learned counsel for the respondents concedes that it will be appropriate that both the suits are tried by the same Banking Court namely, High Court.
5. Accordingly, by consent Suit No. 220 of 2008 presently pending before the Banking Court No.II at Karachi is transferred to the High Court with direction to the office that the file of this suit and Suit No.B-13/2008 may be tagged, so that the same may be proceeded together or as deem fit by the Banking Judge of the High Court. M.B.A./A-170/K???????????????????????????????????????????????????????????????????????????????? Suit transferred.