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ORDINANCE XIX OF 1979 ORDINANCE XIX OF 1979 BANKING COMPANIES (RECOVERY OF LOANS) ORDINANCE, 1979 An Ordinance to repeat and with certain modifications, re‑Enact the Banking Companies (Recovery of Loans) Ordinance, 1978 [Gazette of Pakistan,, Extraordinary, Fart i, 27th March 1979] No. F.17 (1)/79‑Pub.‑The following Ordinance made by the President is hereby published for general information :‑ 6. Powers of Special Court.‑(I) A Special Court shall‑--- (a) in the exercise of its civil jurisdiction, have, in respect of a claim filed by a banking company against a borrower or by a borrower. against a banking company in respect of, or arising out of, a loan all the powers vested in a civil Court under the Code of Civil Procedure, 1908 (Act V of 1908); (b) in the exercise of .its criminal jurisdiction, try the offences punishable under this Ordinance and shall, for that purpose, have the same powers as are vested in the Court of an Assistant Sessions Judge under the Code of Criminal Procedure, 1898 (Act V of 1898) Provided that, for the purpose of a ,trial before a Special Court, the provisions of Chapter XVIII of the said Code shall not apply Provided further that a Special Court shall not take cognizance of any offence punishable under this Ordinance except upon complaint in writing made by a person authorised in this behalf by the banking company in respect of which the offence was committed; and (c) exercise and perform such other powers and functions as are; or may be, conferred upon, or assigned to it by or under this Ordinance. (2) Notwithstanding anything contained in subsection (I), a Special Court shall have no civil jurisdiction in a case in which‑‑ (a) the outstanding amount of the loan does not exceed one lac rupees ; (b) arbitration proceedings in ‑ respect of the loan are pending before an arbitrator; or ' (c) the loan was sanctioned under an agreement between the banking company and the borrower which provides for a dispute between the parties being referred to arbitration. (3) All proceedings before a Special Court shall be deemed to be judicial proceedings within the meaning of sections 193 and 288 of the Pakistan Penal Code (Act XLV of 1860), and the .'Special Court shall be deemed to be a Court for the purposes of sections 480 :and 482 of the Code of Criminal Procedure, 1898 (Act V of 1893). (4) No Court other than a Special Court shall have or exercise .any jurisdiction with respect to any matter to which the jurisdiction of a Special Court extends under this Ordinance, including ;. decision as to the existence or otherwise of a loan and the execution of a decree passed by a Special Court; and all proceedings, including proceedings following the filing of an arbitra?tion award and proceedings for the execution of a decree within the jurisdic?tion of a Special Court, by whatever Court passed, which may be pending in any Court immediately before the commencing day shall stand transferred to the Special Court. (5) In respect of proceedings transferred to a Special Court by virtue of subsection (4), the said Court shall not, by reason of the said transfer, be bound to recall and re‑hear any witness who has given evidence before the transfer and may act on the evidence already recorded by or produced before the Court from which the proceedings are so transferred.