| Case ID |
22b8f719-5304-454a-aad4-989225da825f |
| Body |
View case body. Login to View |
| Case Number |
Civil Miscellaneous No.764-B of 2002 in Execution |
| Decision Date |
Nov 26, 2002 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the execution petition filed by Habib Bank Limited for the enforcement of an amended decree of Rs.4,36,06,891 could not be entertained by the High Court due to lack of pecuniary jurisdiction, as it was determined that the case fell under the jurisdiction of the Banking Court as per the Financial Institutions (Recovery of Finances) Ordinance, 2001. The court emphasized that the claim in the execution petition must be adjudicated by the Banking Court, as the amount exceeded the limit of Rs.50 million stipulated for the High Court. Consequently, the execution petition was ordered to be transferred to the competent Banking Court for further proceedings. |
| Summary |
In the case of Civil Miscellaneous No.764-B of 2002, the Lahore High Court addressed the execution of a decree involving Habib Bank Limited and Rehmania Textile Mills. The primary legal issue revolved around the jurisdiction of the High Court versus the Banking Court as established by the Financial Institutions (Recovery of Finances) Ordinance, 2001. The court outlined the definitions of 'case' and 'claim' within the ordinance, asserting that the pecuniary limits dictated the appropriate court for the execution of decrees. The court found that the High Court lacked jurisdiction due to the claim amount exceeding the stipulated limit, thus necessitating the transfer of the case to the Banking Court. This case highlights the procedural intricacies involved in financial recovery cases and the importance of jurisdiction in legal proceedings. The decision serves as a precedent for future cases involving the execution of financial decrees and the interpretation of banking laws, ensuring clarity in the jurisdictional matters of financial institutions. |
| Court |
Lahore High Court
|
| Entities Involved |
Habib Bank Limited,
Rehmania Textile Mills (PVT.) LTD.,
Industrial Development Bank
|
| Judges |
MUHAMMAD SAIR ALI, J
|
| Lawyers |
Not available
|
| Petitioners |
Habib Bank Limited
|
| Respondents |
30 others,
Messrs Rehmania Textile Mills (PVT.) LTD.,
Jhung Road, Faisalabad
|
| Citations |
2003 SLD 2902 = 2003 CLD 689
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001,
Civil Procedure Code, 1908
|
| Sections |
19,
2(b)(i),
7(6)
|