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MCB BANK LIMITED vs ADEEL SHAHBAZ STEEL MILLS S — 2023 CLD 655 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 CLD 655 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
CLD
Parties
MCB BANK LIMITED vs ADEEL SHAHBAZ STEEL MILLS S
Subject matter
Criminal
Provisions referred to
S. 9---C; S. 20---S; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MCB BANK LIMITED VS ADEEL SHAHBAZ STEEL MILLS S. 9---Civil Procedure Code (V of 1908), S. 20---Suit for recovery of finances---Territorial jurisdiction---Scope---Plaintiff filed a suit for recovery of finances---Defendants contended that the court lacked territorial jurisdiction for the reasons that finance facilities were extended to them at district 'H' and that the agreements pursuant thereto were also executed at 'ICT' and the district 'H', thus, the plaint was liable to be returned---Plaintiff contended that the registered office of the defendants fell within the territorial jurisdiction of the High Court---Validity---No doubt, the registered office of a defendant served as official address for legal and administrative purposes and determined the jurisdiction to which the firm was subject to but at the same time it is important to note that the registered office did not necessarily determine the sole basis for establishing jurisdiction, especially when the cause of action had arisen in a different city, such as the location of the contract execution---Finance facilities were extended to the defendants after execution of agreements at 'ICT' and district 'H', the defendants were residents of 'ICT' and district 'H', correspondence for applying and approving the finance facilities were made by the parties at 'ICT' and district 'H', mortgaged properties were situated at 'ICT' and district 'H', hence, the High Court had no territorial jurisdiction to pass any judgment and decree against the defendants---Plaint was returned to the defendants for presenting it before a Court of competent jurisdiction.

Other judgments reported in 2023 CLD

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