| Case ID |
22f9f468-8507-475e-8d6a-eed32374d588 |
| Body |
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| Case Number |
R.F.A. No. 395 of 2005 |
| Decision Date |
Mar 10, 2015 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the Banking Court lacked jurisdiction over the matter because the financial transactions in question were conducted outside of Pakistan, and the plaintiff bank did not qualify as a 'financial institution' under the relevant laws. Consequently, the plaints were returned, and the appeals were dismissed, affirming that agreements executed in violation of the Banking Companies Ordinance are unenforceable in Pakistan. This case underscores the importance of territorial jurisdiction in banking disputes and the need for financial institutions to comply with local laws when conducting international transactions. |
| Summary |
This case involves multiple appeals concerning the jurisdiction of banking courts in Pakistan regarding loans advanced by banks operating in foreign territories. The Lahore High Court addressed the legality of contracts executed outside Pakistan and the applicability of local laws to such agreements. The court specifically examined the definitions and provisions of the Financial Institutions (Recovery of Finances) Ordinance, the Contract Act, and the Banking Companies Ordinance to determine whether the plaintiff bank could file suits for recovery of finances in Pakistan. The ruling emphasized that any banking institution seeking to enforce a contract must establish its status as a financial institution under Pakistani law, particularly when the transaction occurs outside the country. The decision illustrates the complexities of international banking and the legal ramifications of jurisdiction in financial disputes, highlighting the necessity for banks to adhere to both domestic and international regulations in their operations. This case serves as a pivotal reference for future banking litigation, especially in cross-border finance scenarios. |
| Court |
Lahore High Court
|
| Entities Involved |
Habib Bank Limited,
W.R.S.M. Trading Company, L.L.C.
|
| Judges |
Amin-ud-Din Khan,
M. Sohail Iqbal Bhatti
|
| Lawyers |
Ms. Ayesha Hamid,
Bashir Ahmad Shaheen,
Mrs. Raeesa Sarwat,
Muhammad Shahzad Shaukat,
Muhammad Shuja Baba,
Muhammad Akram Pasha,
Abdul Rauf Saleem
|
| Petitioners |
Habib Bank Limited, Deira Branch, Deira Dubai UAE
|
| Respondents |
4 others,
W.R.S.M. Trading Company, L.L.C.
|
| Citations |
2015 SLD 2900 = 2015 CLD 1644
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001,
Contract Act, 1872,
Banking Companies Ordinance, 1962
|
| Sections |
5,
9(1),
2(a)(i),
23,
3-A,
25,
41
|