Legal Case Summary

Case Details
Case ID 7f88f53f-3ed0-4c77-ba9c-2b4446c4af4c
Body View case body.
Case Number R.F.A. No.751 of 2002
Decision Date Jun 16, 2005
Hearing Date Jun 16, 2005
Decision The Lahore High Court allowed the appeal, setting aside the judgment and decree passed by the Banking Court. The case was remanded for fresh consideration, emphasizing the need for the Banking Court to address the crucial issue of jurisdiction raised by the appellants. The Court found that the Banking Court had committed a grave legal error by failing to address the jurisdictional plea, which was central to the case. The appeal was allowed with no order as to costs, ensuring that the parties could present their arguments regarding the leave to defend the suit anew.
Summary The case revolves around a dispute over a bank loan recovery where the appellants contended that the Banking Court lacked jurisdiction as the loan was disbursed in a foreign country. The Lahore High Court found that the Banking Court had not addressed the jurisdictional claims raised by the appellants adequately, resulting in a significant legal error. The appeal was allowed, and the case was remanded for a fresh decision, highlighting the importance of jurisdiction in banking disputes. This case underscores the complexities involved in cross-border banking transactions and the critical nature of jurisdictional issues in financial litigations. Keywords include 'bank loan recovery', 'jurisdiction in banking court', 'cross-border financial disputes', and 'legal error in banking cases'.
Court Lahore High Court
Entities Involved HABIB BANK LIMITED, ALATTAR SPORT DRESSES TRADING
Judges MIAN HAMID FAROOQ, SYED HAMID ALI SHAH
Lawyers M.M. Alam Chaudhary, Muhammad Khalid Mehmood
Petitioners Messrs ALATTAR SPORT DRESSES TRADING through Chief Executive
Respondents HABIB BANK LIMITED
Citations 2005 SLD 1764, 2005 CLD 1693
Other Citations Not available
Laws Involved Financial Institutions (Recovery of Finances) Ordinance
Sections S. 10