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Petitioner: AHMED CONSTRUCTION COMPANY through ATTORNEY VS Respondent: HABIB BANK LTD., KARACHI and 2 others
Court Name: Sindh High Court Judge(s): Khilji Arif Hussain, Shabbir Ahmed Title:AHMED CONSTRUCTION COMPANY through ATTORNEY vs HABIB BANK LTD.,
KARACHI and 2 others Case No.: C.P. No.629 of 2003 Date of Judgment:2004-05-12 Reported As: 2004 YLR 3375 Result: Petition dismissed Judgment ORDER ' In the instant petition the grievance of the petition is that the while granting adjournment the Presiding Officer Banking Court imposed cost of Rs.6,382 to the witness, who had come to depose on behalf of the opposite-party in support of an application under section 12(2), C.P.C. The Court has discretion to grant adjournment conditional or unconditional. Here the adjournment was conditional subject to costs for the reason that, the witness had come from Rawalpindi to meet the travelling expenses were awarded. We are, therefore, of the view that the discretion exercised was proper and cannot be disturbed under Constitutional jurisdiction. ' The petitioner 'has also made a feeble attempt to challenge the jurisdiction of the Banking Court to entertain application under section 12(2), C.P.C. It is now well-settled that application under section 12(2), C.P.C. Is maintainable in proceedings emanating from the Financial Institutions (Recovery of Finance) Ordinance, 2001. ' With the above observation, the petition is dismissed in limine with cost.