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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Rana MUNEER AHMED and anothers VS Respondent: ALZAMIN LEASING MODARABA
Court Name: Sindh High Court Judge(s): Azizullah M. Memon Title: Rana MUNEER AHMED and anothers vs ALZAMIN LEASING MODARABA Case No.: Civil Transfer Application No,16 of 2008 Date of Judgment:2008-08-25 Reported As: 2008 CLD 1347 Result: Application dismissed
Judgment ORDER ' AZIZULLAH M. MEMON, A.C.J.---Heard learned counsel for the parties. ' Subsection (4) of section 7 of Financial Institutions (Recovery of Finances) Ordinance, 2001 reads as under:-- "7. Powers of Banking Courts:- (4) Subject to subsection (5) no Court other than a Banking Court shall have or exercise any jurisdiction with respect to any matter to which the jurisdiction of a Banking Court extends under this Ordinance, including a decision as to the existence or otherwise of a finance and the execution of a decree passed by a Banking Court." ' Learned counsel for the applicant admits at the Bar that the documents relied upon by the respondent-Bank were duly executed by applicant/defendant and that there is no dispute about the same, by further stating that the Bank had defaulted to supply the spare parts in performance of agreement, whereby the finance was so advanced to him. It is a settled principle of law that the admitted documents are to be given preference over and above the evidence which is yet to be produced by other party; further that in case after the evidence is recorded by competent Court of law, which on the record of same arrives at conclusion that it A has no jurisdiction to entertain such dispute in between the parties, the plaint of suit in question may be directed to be returned to concerned party, with further directions to present the same before the competent Court having jurisdiction to decide the same. ' As stated above, presently the admitted documents are to be given weight over and above the contentions of applicant/ defendant.
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For the time being, this transfer application is dismissed, leaving the applicant at liberty to file fresh one as B and when fresh cause of action, in accordance with law, arise, in his favour, for the same.