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MESSRS HAQ TRADERS versus MUSLIM COMMERCIAL BANK LIMITED


Sections 7 (6), 9 and 22 Banking Companies (Loans, Progress, Credit and Recovery of Financial Issues) Act (XV of 1997), Sections 2 (b), 5, 9 and 22 Constitution of Pakistan (1973), Article 199 Constitution Petition suit Banking court's jurisdiction for the declaration and settlement of accounts by the lenders against the bank, after the lenders dismissed the constitutional application by the High Court with observation, filed a case before the banking court with the bank. Denied his obligation under the finance agreements that his complaint relates to the bank's obligations under the terms. The banking court may decide by the banking court whether a civil court does not have full powers to deal with ordinary civil jurisdiction matters under the Banking Companies (Debt, Progress, Credit and Recovery of Financial Issues) Act 1997. ? Or the Financial Institution (Recovery of Finance) Ordinance, 2001 pursuant to the provisions of Section 9 of the Legal Banking Court, without accepting the facts without issue. Attendance on section 7 (6) of the Act, 1997 and Ordinance 2001 and such order of the High Court. The High Court, on unstable ground, accepted the appeal, dismissing the invalid judgment / order as baseless in the eyes of the law and dismissing the case for remand to the banking court for its decision in accordance with the law.

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