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MEHRAN SOLVENT EXTRACTION (PVT.) LTD. THROUGH DIRECTORS/PARTNERS versus I.D.B.P. THROUGH MANAGER


Sections 4, 5 and 7 Civil Procedure Code (v. 1908), jurisdiction of section 20 court, provision of section 20, CPC granted jurisdiction to the courts under three different terms, namely, regional and party residence. Due to the provisions of Section 5 the Financial Institutions (Financial Recovery) Ordinance, 2001 is related to the territorial jurisdiction of the Banking Court only, while the question regarding the cause of residence and residence of the parties was not addressed or resolved. While giving effect to Section 4. The Financial Institutions (Recovery of Finance) Ordinance, 2001, attracted the question of territorial jurisdiction under Section 5 of the Ordinance, but was silent on the question of receipt of proceedings due to section 5 of the said ordinance, Section 20, The provisions of the CPC were attracted by the Banking Court in the case where more than one banking court has the power to prosecute the case, the case cannot be dismissed. Just because no other banking court is eligible for this case

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