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SADIQ POULTRY FARMS (PVT.) LIMITED vs FIRST HABIB MODARABA, A SUBSIDIARY OF HABIB METRO BANK S — 2025 PLD 161 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PLD 161 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PLD
Parties
SADIQ POULTRY FARMS (PVT.) LIMITED vs FIRST HABIB MODARABA, A SUBSIDIARY OF HABIB METRO BANK S
Subject matter
Criminal
Provisions referred to
S. 9---C; Civil Procedure Code (V of 1908); Civil Procedure Code

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

SADIQ POULTRY FARMS (PVT.) LIMITED VS FIRST HABIB MODARABA, A SUBSIDIARY OF HABIB METRO BANK S. 9---Civil Procedure Code (V of 1908), O. VII, R. 10---Suit for recovery, filing of---Territorial jurisdiction, determination of---Scope---'Boilerplate clauses'---Scope---All commercial and banking contracts/ agreements contain a number of "boilerplate clauses", which are often seen as standard add-ons to the main terms and conditions of the contract---One such "boilerplate clause" relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration, particularly when the parties to the contract are based in different jurisdictions---In drafting dispute resolution clauses in commercial contracts and banking agreements, parties contemplate, inter alia, the most convenient and affordable forums to resolve their disputes through the "boilerplate clauses"---In the present case, all the agreements were executed on different dates at the registered office of the defendant at Karachi and this was not disputed by the parties---Lahore High Court lacked territorial jurisdiction to pass any judgment and decree against the defendant; the plaint was returned under O. VII, R.10 of the Civil Procedure Code, 1908 for presenting it before a Court of Competent Jurisdiction---Suit was disposed of accordingly.

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