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Petitioner: Messrs KASHMIR RICE MILLS and 2 otherss VS Respondent: JUDGE BANKING COURT NO.1, GUJRANWALA and another
Court Name: Lahore High Court Judge(s): Maulvi Anwar-ul-Haq Title:Messrs KASHMIR RICE MILLS and 2 otherss vs JUDGE BANKING COURT NO.1,
GUJRANWALA and another Case No.: Transfer Application No, 27-C of 2008 Date of Judgment:2008-10-15 Reported As: 2009 MLD 215 Result: Application dismissed Judgment ORDER ' MAULVI ANWARUL HAQ, J.---Transfer of a suit filed by respondent-Bank (Annex-A) pending before learned Judge Banking Court, Gujranwala to this Court is being sought where COS No,42-07 (Annex-B) filed by the petitioners is pending. 2. Learned counsel for the petitioners with reference to the case "Messrs First Women Bank Limited v. Registrar, High Court of Sindh Karachi and 4 others" (2004 SCM R 108) contend that the said suit at Gujranwala is liable to be transferred to this Court. Learned counsel for the respondent-Bank, on the other hand, contends that the suit filed by the Bank is earlier in time and that the parties and issues are not common and as such no ground for transfer of the suit to this Court. 3. I have examined the plaint in the suit with reference to the said submissions of the learned counsel for the parties. I find that whereas in the suit filed by the respondent-Bank. Muhammad Safdar, Muhammad Arshad and Sanaullah are mortgagors/guarantors while they are not a party as such to COS No,42/07. Needless to state that whereas the Bank has sued on the basis of finance, the petitioners have sued inter alia, for damages. 4. Having thus examined the two plaints. I do find that it will not be appropriate to transfer the said suit to this Court as common or consolidated trial because of the absence of the said parties in the suit filed by the petitioners would not be possible. T.A. Is accordingly dismissed.