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Initializing Secure Chambers
Petitioner: Messrs AL-AZIZ ROUTE TRANSPORT COMPANY and 3 others VS Respondent: Messrs ASKARI LEASING LIMITED and anothers
Court Name: Sindh High Court Judge(s): Anwar Zaheer Jamali Title:Messrs AL-AZIZ ROUTE TRANSPORT COMPANY and 3 others vs Messrs ASKARI
LEASING LIMITED and anothers Case No.: Civil Transfer Application No,23 of 2008 Date of Judgment:2008-11-17 Reported As: 2009 CLD 172 Result: Suit transferred. Judgment ORDER ' ANWAR ZAHEER JAMALI, J.---Through this civil transfer application, applicants have sought transfer of Suit No, 220 of 2008 pending before the Banking Court No,11 at Karachi to the High Court in its banking jurisdiction where other Suit No,B-13 of 2008 between the same parties is already pending. 2. On the previous date of hearing i,e, 17-10-2008 this transfer application was adjourned with the observation that in the intervening period, the Banking Court will positively dispose of the leave to defend application pending in Suit No, 220 of 2008. 3. Today a Photostat copy of certified true copy of the order dated 15-11-2008 passed in the said suit has been placed on record by Mr. Saalim Salam Ansari, learned counsel for the applicants to show that leave to defend has been accorded to the plaintiff in said suit. 4. In these circumstances, learned counsel for the respondents concedes that it will be appropriate that both the suits are tried by the same Banking Court namely, High Court. 5. Accordingly, by consent Suit No, 220 of 2008 presently pending before the Banking Court No,II at Karachi is transferred to the High Court with direction to the office that the file of this suit and Suit No,B-13/2008 may be tagged, so that the same may be proceeded together or as deem fit by the Banking Judge of the High Court.
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