SIALKOT DAIRIES LTD. versus AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN
The Financial Institutions (Recovery of Finance) Ordinance 2001 section 2 (b) (ii) and the 5 Civil Procedure Code (v. 1908), Section 24 presents the transfer of the banking court from the High Court to the High Court acting as a banking court. Except for any other case in which the claim is more than Rs 50 million, in claims not to exceed Rs 50 million, the jurisdiction is only to the banking court established under Section 5 (Recovery of Finance) Ordinance 2001 of Financial Institutions. Limited, the pre-condition of transfer of a case from one court to another is that the transfer court must also have the competent and jurisdiction to hear the matter, which is also included in Section 24, CPC. As a High Court, the banking court has not been empowered to prosecute it. The slab of fifty million rupees, which is a special law under section 2 (b) (ii) of the Financial Institutions (Recovery of Finance) Ordinance 2001, is, therefore, transferred to the High Court for recovery of less than Rs 50 million. Can not be done
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