| Case ID |
eb3f8616-7caa-40f1-8135-2c5130558aa8 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.24148 of 2009 |
| Decision Date |
Feb 11, 2010 |
| Hearing Date |
Feb 03, 2010 |
| Decision |
The Lahore High Court, presided by Justice Mian Saqib Nisar, dismissed the petition filed by High Noon Textile Ltd and others, which sought to challenge the jurisdiction of the Banking Court in Lahore. The petitioners argued that an exclusive jurisdiction clause in the hypothecation agreements necessitated that the case be tried in Islamabad/Rawalpindi. However, the court found that the jurisdictional clause was intended for the benefit of the financial institution and not the petitioners. Given that the parties resided in Lahore, and all subsequent agreements and actions were taken there, the court upheld the Banking Court's jurisdiction. The court emphasized that creditors have the right to pursue debtors in their place of residence, thus affirming the validity of the Banking Court's actions in Lahore. |
| Summary |
In the case of High Noon Textile Ltd vs Saudi Pak Industrial and Agricultural Investment Co. (PVT.) LTD., the Lahore High Court assessed the jurisdictional claims surrounding a financial dispute. The petitioners contended that an agreement stipulated that any disputes should be resolved in Islamabad, while the respondents argued that the jurisdiction was properly established in Lahore, where all relevant actions took place. The court ruled in favor of the respondents, reinforcing the principle that creditors can pursue debtors in their residence. This case highlights critical aspects of jurisdiction in financial agreements, particularly the interpretation of jurisdiction clauses in contracts that are often printed or standard forms. It emphasizes the necessity for clarity in jurisdictional agreements and the binding nature of such contracts under Pakistani law. Keywords: jurisdiction, financial agreements, Lahore High Court, creditor-debtor rights, legal interpretation. |
| Court |
Lahore High Court
|
| Entities Involved |
HIGH NOON TEXTILE LTD,
SAUDI PAK INDUSTRIAL AND AGRICULTURAL INVESTMENT CO. (PVT.) LTD.
|
| Judges |
MIAN SAQIB NISAR
|
| Lawyers |
Imran Aziz Khan for Petitioners,
Muhammad Raza Qureshi and Zahid Nawaz Cheema for Respondents
|
| Petitioners |
HIGH NOON TEXTILE LTD THROUGH AUTHORIZED ATTORNEY AND 2 OTHERS
|
| Respondents |
SAUDI PAK INDUSTRIAL AND AGRICULTURAL INVESTMENT CO. (PVT.) LTD. THROUGH AUTHORIZED ATTORNEY AND 4 OTHERS
|
| Citations |
2010 SLD 551,
2010 CLD 567
|
| Other Citations |
2004 CLD 161,
2001 CLC 169,
1987 SCMR 393,
1992 SCMR 1174,
2003 CLD 1546,
2001 YLR 846
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
5,
7,
20,
199
|