| Case ID |
269483cc-588e-4925-b80d-9d9f7bd2f28e |
| Body |
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| Case Number |
Civil Petition No.D-100 of 2005 |
| Decision Date |
Nov 14, 2006 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the civil revision challenging the Banking Court's order which denied the application for the return of plaint. The court found that the application for leave to defend was already pending and the same jurisdictional objections had been previously raised. The court emphasized that no relief could be sought on grounds already presented in the pending application, stating that it would amount to splitting the application into parts. The court also clarified that the Banking Court at Sukkur had jurisdiction over the matter, as the cause of action arose there, despite the establishment of a Banking Court in Larkana. The ruling reiterated the statutory limitations on appeals and the specific provisions of the Financial Institutions Ordinance, reinforcing the Banking Court's authority in financial recovery cases. |
| Summary |
In this case, the Sindh High Court addressed a civil revision concerning the jurisdiction of the Banking Court in a financial recovery suit filed by Messrs Mehran Solvent Extraction (PVT.) LTD. against I.D.B.P. The court examined the applicability of the Financial Institution (Recovery of Finances) Ordinance, 2001, particularly sections regarding the jurisdiction of Banking Courts and the conditions under which appeals can be made. The court highlighted the importance of adhering to the statutory provisions and affirmed that the application for leave to defend previously submitted by the defendant was still pending, thus prohibiting further applications on the same grounds. The decision underscored the significance of jurisdictional issues in financial litigation and the strict procedural requirements that govern banking recovery cases in Pakistan. The ruling serves as a critical reference for understanding the jurisdictional framework and procedural intricacies of financial recovery laws, making it an essential resource for legal practitioners in this field. |
| Court |
Sindh High Court
|
| Entities Involved |
Messrs MEHRAN SOLVENT EXTRACTION (PVT.) LTD.,
I.D.B.P.
|
| Judges |
ZIA PERWEZ,
NADEEM AZHAR SIDDIQI
|
| Lawyers |
A.M. Mubeen Khan for Petitioner,
David Lawrence for Respondent No 1
|
| Petitioners |
Messrs MEHRAN SOLVENT EXTRACTION (PVT.) LTD.
|
| Respondents |
I.D.B.P. through Manager
|
| Citations |
2008 SLD 2190 = 2008 CLD 844
|
| Other Citations |
Ms. Afshan Ahmed v. Messrs Habib Bank Limited and another 2002 CLD 137,
Central Cotton Mills Limited and another v. Atlas Bot Lease Co. Limited and 2 others 1998 SCMR 2352,
Pir Sabir Shah v. Shad Muhammad Khan, Member Provincial Assembly N.W.F.P. and another PLD 1995 SC 66,
Munawar Hussain and 2 others v. Sultan Ahmed 2005 SCMR 1388,
Major (Retd.) Barkat Ali and others v. Qaim Din and others 2006 SCMR 562,
Messrs Rady & Co. (Pakistan) Limited v. Messrs Sayed Saigol Industries Ltd. 1981 SCMR 494,
National Bank of Pakistan and 4 others v. Gamman Pakistan Limited PLD 1990 Kar. 209,
Muhammad Yasin and 2 others v. Ch. Muhammad Abdul Aziz PLD 1993 SC 395
|
| Laws Involved |
Financial Institution (Recovery of Finances) Ordinance (XLVI of 2001),
Civil Procedure Code (V of 1908)
|
| Sections |
9,
10,
22(6),
4,
5,
7,
O.VII, R.10,
20
|