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YUSUF ALI KHAN, BARRISTER-AT-LAW, LAHORE versus HONGKONG & SHANGHAI BANKING CORPORATION, KARACHI


Banking Companies (Debt Recovery) Ordinance 1979 Section 2 (f) (i) [as amended by the Banking Companies (Debt Recovery) Act (Amendment) Act (XVII of 1992)]. The effect of the amendment introduced by the (Recovery of Loans) (Amendment) Act, 1992 is all pending cases involving claims by or against a bank, where the claim amount is less than ten million by a special court. A special hearing is mentioned in section 2 (f) (i) under the Ordinance Change of the Forum for the hearing of all such suit cases pending in the Ordinance High Court. The trial was moved to a special court that would apply to all pending cases in the absence of prejudice. The parties did not have the exclusive rights of either party, therefore, the pending case was affected by the transfer of the jurisdiction from the High Court to the special court of jurisdiction.

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