| Case ID |
0a4ea112-19f3-4caf-961d-4e08b5856df8 |
| Body |
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| Case Number |
Civil Transfer Application No.23 of 2008 |
| Decision Date |
Nov 17, 2008 |
| Hearing Date |
|
| Decision |
The Sindh High Court granted the transfer of Suit No. 220 of 2008 from the Banking Court to the High Court in its banking jurisdiction. The court observed that there was another suit pending between the same parties, and the leave to defend had already been granted. The counsel for the respondents conceded that it was appropriate for both suits to be adjudicated by the same court. Consequently, the High Court ordered that the suits be tried together, ensuring judicial efficiency and consistency in rulings. The decision emphasized the importance of having related cases heard by the same judiciary to avoid conflicting judgments. |
| Summary |
The case revolves around the transfer of a civil suit from the Banking Court to the Sindh High Court, emphasizing the principles of judicial efficiency and the need for consistent adjudication of related cases. The applicants, represented by Saalim Salam Ansari, sought this transfer, arguing that another suit involving the same parties was already pending in the High Court. The court's decision highlighted the concession from the respondents' counsel regarding the appropriateness of this transfer. This case is significant in illustrating procedural aspects under the Financial Institutions (Recovery of Finances) Ordinance and the Civil Procedure Code, particularly regarding the consolidation of related litigation. It serves as a precedent for future cases seeking similar transfers, reaffirming the judiciary's commitment to managing cases efficiently. Keywords include 'civil transfer application', 'Banking Court', 'judicial efficiency', and 'related litigation'. |
| Court |
Sindh High Court
|
| Entities Involved |
ASKARI LEASING LIMITED,
ALAIZ ROUTE TRANSPORT COMPANY
|
| Judges |
ANWAR ZAHEER JAMALI
|
| Lawyers |
Saalim Salam Ansari,
Behzad Haider
|
| Petitioners |
Messrs ALAZIZ ROUTE TRANSPORT COMPANY
|
| Respondents |
Messrs ASKARI LEASING LIMITED
|
| Citations |
2009 SLD 1836,
2009 CLD 172
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001),
Civil Procedure Code (V of 1908)
|
| Sections |
5(3),
24
|