MAULVI ANWARUL HAQ, J. Transfer of a suit filed by respondent-Bank (Annex-A) pending before learned Judge Banking Court, Gujranwala to this Court is being sought where COS No. 41-07 (Annex-B) filed by the petitioners is pending.
2. Learned counsel for the petitioners with reference to the case "Messrs First Women Bank Limited Vs. Registrar, High Court of Sindh, Karachi and four others" (2004 SCM R 108) contend that the said suit at Gujranwala is liable to be transferred to this Court. Learned counsel for the respondent- Bank, on the other hand, contends that the suit filed by the Bank is earlier in time and that the parties and issues are not common and as such no ground for transfer of the suit to this Court.
3. I have examined the plaint in- the suit with reference to the said submissions of the learned counsel for the parties. I find that whereas in the suit filed by the respondent-Bank. Muhammad Qamar Butt and Mst. Nasreen Butt have been impleaded as guarantors while they are not a party s such to COS No. 41/07. Needless to state that whereas the Bank has sued on the basis of finance, the petitioners have sued inter alia, for damages.
4. Having thus examined, the two plaints. I do suit that it will not be appropriate to transfer the said suit to this Court as common on consolidated trial, because of the absence of the said parties in the suit filed by the petitioner would not be possible. T.A. Is accordingly dismissed.