ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT HYDERABAD.

C.T.A. No. D — 01 of 2013.

DATE ORDER WITH SIGNATURE OF JUDGE

18.03.2015.

FOR KATCHA PESHI.

Mr. Abdul Khaliq Mughal, Advocate for applicant.

Syed Abbass Ali Jaffery, Advocate for respondents No.1 to 5.

Mr. Riaz Ahmed, Advocate for respondent No.7.

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This transfer application has been moved by Muhammad Siddique. The learned counsel for the applicant argued that Suit No.09/2011 filed by applicant against the Silk Bank is pending in Banking Court No.II Hyderabad, while the Silk Bank has also filed their own suit for recovery against the applicant and respondent No.7 which is pending in Banking Court No.I Hyderabad.

The applicant has prayed in this transfer application that both the suits may be tried by one Banking Court in order to avoid conflicting decisions and it would also be convenient for the parties to lead evidence in one Banking Court in relation to their claims raised vise-versa.

Section 5(3) of the Financial Institutions (Recovery of Finance) Ordinance 2001, provides that where more banking courts than one have been established in the same or different territorial limits, the High Court may, if it considers it expedient to do so in the interest of justice or for the convenience of the parties or of the witnesses, transfer any case from one Banking Court to another.

The counsel for the respondents No.1 to 3 have no objection while the counsel for the respondent No.7 opposed this transfer application but on no grounds.

In order to avoid any conflicting judgments, suit No.40/2012 (Silk Bank v. M/s Saud Builders & Developers and others) pending in Banking Court No.I is transferred to Banking Court No.II Hyderabad, so that the suit No.40/2012 and Suit No.09/2011 may be tried together and disposed of by the learned Banking Court in accordance with law.

This transfer application is disposed of.

Judge