CHINA HARBOUR ENGINEERING COMPANY LTD. vs Z. Z — 2024 PLD 421 LAHORE-HIGH-COURT-LAHORE

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CHINA HARBOUR ENGINEERING COMPANY LTD. VS Z. Z. ENTERPRISES S. 3---Notification No.6032 DDJ/DR(PD&IT) dated 28.04.2020 issued by the Lahore High Court---Commercial Courts, functioning of---Scope---Punjab Commercial Courts Ordinance, 2021 [since repealed]---Effect---Petitioner/defendant sought revision of order (dated 31.05.2023) passed by the Civil Judge 1st Class (Special Court for Commercial Cases), Lahore, whereby suit for recovery (of Rs.851,170,923/-) along with specific performance of contract filed by respondents/plaintiffs was considered as a commercial case---Held, that contention of the petitioners that Commercial Courts were established pursuant to the promulgation of the Punjab Commercial Courts Ordinance, 2021 and the year of issuance of the Notification No.6032 DDJ/DR(PD&IT) [dated 28.04.2020 issued by the Lahore High Court] was 2021 instead of 2020, was apparently based on a misconception inasmuch as the official website of the Lahore High Court still showed the same notification dated as 28.04.2020; and a judgment of High Court in the case reported as M.C.R. (Pvt.) Ltd. Franchisee of Pizza Hut v. Multan Development Authority and others (2021 CLD 639) rendered on 08.03.2021 relied on the same notification having the date as 28.04.2020---Civil revision, being devoid of any merit was dismissed, in circumstances. Citation Name: 2024 PLD 421 LAHORE-HIGH-COURT-LAHORE CHINA HARBOUR ENGINEERING COMPANY LTD. VS Z. Z. ENTERPRISES S. 3---Constitution of Pakistan, Art. 10A---Jurisdiction under the Code of Civil Procedure, 1908, exercise of---Scope---Courts of ordinary civil jurisdiction have been designated to hear and dispose of the commercial cases which are dealing with the same in accordance with the procedure provided under the Code of Civil Procedure, 1908, with the sole object to ensure expeditious disposal of the same on priority basis---Thus, for all practicable purposes all courts designated as Commercial Courts under the Notification No.6032 DDJ/DR(PD&IT) dated 28.04.2020 issued by the Lahore High Court are essentially Civil Courts exercising jurisdiction under the Code of Civil Procedure, 1908, for expeditious disposal of civil disputes---By considering a case as commercial one, the right of fair trial available to the opposite party is not being compromised since no special procedure has been laid down to dispose of the same. Citation Name: 2024 PLD 421 LAHORE-HIGH-COURT-LAHORE CHINA HARBOUR ENGINEERING COMPANY LTD. VS Z. Z. ENTERPRISES arts. 202 & 203---High Court (Lahore) Rules and Orders, framing of---High Court, powers of---Scope---High Court (Lahore) Rules and Orders have been framed by the Lahore High Court in accordance with art. 202 of the Constitution that empowers it to do so subject to the Constitution---article 203 of the Constitution envisages that each High Court shall supervise and control all courts subordinate to it with the object to establish orderly, honorable, upright, impartial and legally correct administration of justice---Supervision and control over the subordinate judiciary vested in the High Courts under art. 203 of the Constitution is exclusive in nature, comprehensive in extent and effective in operation. Citation Name: 2024 PLD 421 LAHORE-HIGH-COURT-LAHORE CHINA HARBOUR ENGINEERING COMPANY LTD. VS Z. Z. ENTERPRISES S. 3---High Court (Lahore) Rules and Orders, Volume-I, Chap-1, Part-K, R. 10---Constitution of Pakistan, Arts. 202 & 203---Commercial Courts, function of---Scope---Punjab Commercial Courts Ordinance, 2021, [since repealed]---Effect---Petitioners/defendants sought revision of order (dated 31.05.2023) passed by the Civil Judge 1st Class (Special Court for Commercial Cases), Lahore, whereby suit for recovery of Rs.851,170,923/- along with specific performance of contract filed by respondents/plaintiffs was considered as commercial case---Plea of the petitioners/defendants was that the Civil Judge had acted contrary to the mandate of Rule 10, Part-K, Chapter-1, Volume-I of the Rules and Orders of the Lahore High Court, Lahore ('the Rule 10') as said R. 10 could not operate in vacuum unsupported by any law as the Punjab Commercial Courts Ordinance, 2021 ('the Ordinance 2021'), which was promulgated on 13.04.2021, stood repealed on 12.06.2021 while suit-in-question was instituted (on 14.09.2022) after more than one year of the Ordinance, 2021 being repealed---Validity---In order to secure expeditious disposal of cases of commercial nature, the Lahore High Court vide its Notification No.6032 DDJ/DR(PD&IT) dated 28.04.2020 ('the Notification') designated a few courts of Additional District and Sessions Judge and Civil Judges at couple of stations entrusting the work of commercial cases pertaining to their districts to the Judicial Officers already dealing with the cases of Overseas Pakistanis---Rule 10, Part-K, Chapter-1, Volume-I of Rules and Orders of the Lahore High Court, Lahore, provides that commercial cases should be disposed of as speedily as practicable, which are to include cases arising out of ordinary transactions of merchants, bankers and traders---Said notification also did not show that the courts were being designated as Commercial Courts in accordance with the Ordinance, 2001---Therefore, it was quite clear that the subject notification was issued on 28.04.2020 prior to the promulgation of the Ordinance, 2001 and its repeal had no legal effect upon functioning of the Commercial Courts---Even as per said R. 10, a plaintiff or appellant may apply at the time of preliminary hearing or by subsequent application before the final hearing thereof to have its case classed as commercial case---Petitioners had not been able to point out any prejudice being caused to them because of hearing and adjudication of the case-in-question by the Civil Judge designated as Commercial Court---Thus courts designated to hear cases of commercial nature were functioning in accordance with the C.P.C. and the Rules and Orders of the Lahore High Court under its superintendence and control within the scope of Arts. 202 & 203 of the Constitution---High Court did not find any illegality or irregularity in the impugned order warranting interference in exercise of its revisional jurisdiction---Civil revision, being devoid of any merit, was dismissed, in circumstances.

CHINA HARBOUR ENGINEERING COMPANY LTD. vs Z. Z — 2024 PLD 421 LAHORE-HIGH-COURT-LAHORE

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