2009 PLP 1373 (CLD)
Messrs BUTT FLOUR MILLS and others — Appellants Versus JUDGE BANKING COURT NO.1, GUJRANWALA and another — Respondents
| Citation | 2009 PLP 1373 (CLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Messrs BUTT FLOUR MILLS and others — Appellants Versus JUDGE BANKING COURT NO.1, GUJRANWALA 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 1373 (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 1373 (CLD)?
The case was heard and decided by the Lahore 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 1373 (CLD) (Messrs BUTT FLOUR MILLS and others — Appellants Versus JUDGE BANKING COURT NO.1, GUJRANWALA and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Qamar-uz-Zaman for Respondents.
Headnotes / Summary
S.9-Suit for recovery of loan--Application for transfer of suit to High Court
Defendants had sought transfer of suit filed by the plaintiff-Bank in Banking Court at place 'G', where C.O.S. filed by the defendants was pending
In the suit filed by the plaintiff-Bank, persons who had been impleaded as guarantors, were not party to C.O.S.
Bank had sued on the basis of finance while defendants had sued the Bank inter alia, for damages
Held, it would not be appropriate to transfer the suit to High Court because of the absence of the said parties in the suit filed by the defendants
Transfer application was dismissed.
Judgment & Decree
MAULVI ANWARUL HAQ, J.
Transfer of a suit filed by respondent-Bank (Annex-A). pending before learned Judge Banking Court, Gujranwala to this Court is being sought where C.O.S. No.41-07 (Annex-B) filed by, the petitioners is pending.
2. Learned counsel for the petitioners with reference to the case Messrs First Women Bank Limited v. Registrar High Court of Sindh, Karachi and 4 others 2004 SCMR 108 contends that the said suit at Gujranwala is liable to be transferred to this Court. Learned counsel for the respondent-Bank, on the other hand, contends that the suit filed by the Bank is earlier in time and that the parties and issues are not common and as such no ground for transfer of the suit to this Court.
3. I have examined the plaint in the suit with reference to the said submissions of the learned counsel for the parties. I fine that whereas in the suit filed by the respondent-Bank. Muhammad Samar Butt and Mst. Nasreen Butt have been impleaded as guarantors while they are not a party as such to C.O.S. No.41 of 2007. Needless to state that whereas the Bank has sued on the basis of finance, the petitioners have sued inter alia, for damages.
4. Having thus examined, the two plaints I do suit (sic) that it will not be appropriate to transfer the said suit to this Court as common on consolidated trial, because of the absence of the said parties in the suit filed by the petitioners, would not be possible. T.A. is accordingly dismissed. H.B.T./B-29/L Petition dismissed.