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SADIQ POULTRY FARMS (PVT.) LIMITED vs FIRST HABIB MODARABA, A SUBSIDIARY OF HABIB METRO BANK Ss — 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 Ss
Subject matter
Criminal
Provisions referred to
S. 9; S. 10; 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 Ss. 9 & 10---Civil Procedure Code (V of 1908) ,O. VII, R. 10 & O. XIII R. 1---Suit for recovery, filing of---Territorial jurisdiction, determination of---Scope---Documents admitted/acknowledged by parties---Effect---Suit filed at Rawalpindi ('R')---Held, that in the present case, the admitted documents/agreements (Diminishing Musharakah Financing Agreement etc.) clearly depicted that the parties had mutually agreed to resolve their issues at Courts of Karachi ('K') having exclusive jurisdiction for the determination of their disputes---Based on the agreements between the parties, which had been acknowledged by the parties and the documents filed and relied by the plaintiffs under S. 9 of Financial Institution (Recovery of Finances) Ordinance, 2001 ('the Ordinance 2001') along with list of documents under O. XIII, R. 1 of the "C.P.C." and under S. 10 of the Ordinance 2001 by the defendant, High Court lacked jurisdiction to entertain the matter due to specific and exclusive jurisdiction clauses in all the agreements---High Court lacked territorial jurisdiction to pass any judgment and decree against the defendant; therefore, 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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