MCB BANK LIMITED vs EMAD-UL-HASSAN Ss — 2024 CLD 665 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 CLD 665 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: CLD
Parties: MCB BANK LIMITED vs EMAD-UL-HASSAN Ss
Subject matter: Civil
Provisions referred to: 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 EMAD-UL-HASSAN Ss. 7(4) & 9---Civil Procedure Code (V of 1908), O. VII, R.10---Recovery of finance---Employee loan---Return of plaint---Dispute was with regard to Staff Loan extended to defendant / employee of bank---Validity---Loan advanced by bank to its employee was finance falling within statutory definition of "finance" under Financial Institutions (Recovery of Finances) Ordinance, 2001---It was prerogative of Banking Court to determine whether or not heads of claims which defendant / employee alleged to fall outside the scope of finance, actually did---Such judicial determination of what heads of claim constituted "finance" had been mandated by the Legislature to be determined by Banking Court alone and not High Court exercising its original civil jurisdiction (under general civil law)---Division Bench of High Court retuned plaint to plaintiff / bank to enable it to avail jurisdiction of Banking Court under Financial Institutions (Recovery of Finances) Ordinance, 2001---Appeal was disposed of accordingly.

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