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December 12, 2006 Tuesday Ziqa'ad 20, 1427


KARACHI: SHC allows transfer of recovery suit



By Our Staff Reporter


KARACHI, Dec 11: The Sindh High Court ordered on Monday transfer of a recovery suit instituted by the First Women Bank in the banking court for hearing by it, together with a suit for rendition of accounts and damages filed by the defendant borrower.

M/s Shazim International (Pvt) Limited contended through Advocate Saalim Salam Ansari that they have sought rendition of accounts by the creditor bank and sought damages amounting to over Rs10 million by a plaint moved by them in the high court.

A suit filed earlier by the bank against them for recovery of about Rs1.32 million was pending before the banking court. Citing case law, the counsel requested the court to order transfer of the suit pending before the banking court and try it together with the case pending before it to avoid a conflict of judgments.

Representing the bank, Khwaja Naveed Ahmed opposed the transfer plea, maintaining that the suit instituted by the borrower was merely a counter-strategy while his client’s case was for recovery of an outstanding debt.

No leave to defend had been granted in the suit so far and the transfer would deprive the parties of one forum for appeal.

By consensus reached between the parties later, Justice Amir Hani Muslim allowed the transfer plea.






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