MUZAFFARUDDIN versus COMMERCE BANK LTD.

Section (()) has no right in the jurisdiction of any court other than a special court to decide on the existence of a debt or whether any such question arises or is being heard in any court, special The court is transferred to [jurisdiction]

1981 C L C 665

[Lahore]

Before Khurshid Ahmad, J

Mian MUZAFFARUDDIN‑Petitioner

versus

THE COMMERCE BANK LTD. AND ANOTHER‑Respondents

Civil Revision No. 834 of 1979, decided on 2nd January 1980.

(a) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979 ‑

‑‑ S. 6 (4)‑Jurisdiction‑No Court other than a Special Court has jurisdiction to decide as to existence or otherwise of a loan‑Such question arising and pending in any Court, held, stands transferred to Special Court.‑[Jurisdiction].

(b) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)‑

S. 6(4)‑Suits for recovery of loan less than rupee one lac pending or otherwise, held, not hit by Ordinance.

(c) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979) ‑

‑ S. 6(2), (4)‑Loan‑Suits of more thin rupees one lac, involving determination of question of existence of loan, held, stand transferred to Special Court.

(d) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)‑

.‑‑ S. 13‑Matters pertaining to loan pending before High Court and Supreme Court, held, to be dealt with under S: 13 of Ordinance.

A. Basit for Petitioner.

Iftikhar All Shaikh for Respondents.

Dates of hearing : 18th and 22nd December 1979.

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