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MALIK JEHANGIR KHAN versus BANKING TRIBUNAL NO. 1, KARACHI DIVISION, KARACHI


Banking Companies (Loans, Progress, Credit and Recovery of Financial Issues) Ordinance 1997 Sections 2 (b) (i) and 4 Civil Procedure Code (v. 1908), Sections 24 and 151 Banking Courts, Jurisdiction for Stabilizing Matters The case was transferred to the High Court for a decision filed by the applicant while the bank filed a case pending in the banking court application under section 24, pending the case before the banking court. A CPC was filed to move the court's objection. The question was raised by the bank that if the value of the case was less than Rs. 30 million, the value of the case could be less than Rs. 300, therefore, the same cannot be decided by the approval of the High Court. Based on the principle that more and less would be applicable. The provisions of banking companies in the facts and circumstances of the present case provide for a higher or higher level of jurisdiction over the High Court (Debt Restoration, Progress, Credit a nd Finance) Act, 1997 to forward these matters to the High Court. Would not lose the jurisdiction in which the jurisdiction of the articles had the least value or lower than the lower limit, the High Court had to proceed with the case filed under this provision. The Banking Companies (Debt, Progress, Credit and Recovery of Financial Issues) Act, 1997, in which this article was less than Rs 30 million, the High Court observed that it would be fair, easy and in the interest of justice that through both suits. Should be prosecuted. Another court in which the parties were the same and the issues / disputes that require determination.

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