1. MUHAMMAD AFZAL SOOMRO, C.J.---This is a transfer application for transferring Suit No,311 of 2007 filed by the respondent against the applicant pending before Banking Court No,1 at Karachi to the Original Banking jurisdiction of this Court and be clubbed with Suit No,B-46 of 2007 filed by the applicant against the respondent as the parties as well as subject-matter are same and further in order to avoid conflicting decision in the matters.
2. ' It is contended by the learned counsel for the applicant that the dispute and issues which require determination in the above suits are identical and common, as such both suits be tried together by the High Court under the Banking jurisdiction. To support his case learned counsel has relied upon the case of Malik Jehangir Khan v. Banking Tribunal No,1 Karachi (2002 CLD 1466), wherein it has been held that when a Court is conferred pecuniary jurisdiction at a higher stage or level then it will continue to have jurisdiction to proceed with suits or matters involving subject-matter of the value less than the minimum pecuniary jurisdiction conferred on it. In the case of Messrs First Women Bank Ltd. v. Registrar High Court of Sindh (2004 SCM R 108) it has been held that the trial of both the suits would not only be expedient in the interest of justice but also in the interest of both the parties as joint trial of both the suits would certainly obviate the possibility of a conflict of judgment.
3. Unreported order dated 4-12-2006 in Messrs Shazim International (Pvt.) Ltd. v. Messrs First Women Bank Ltd. T.A. No,10 of 2006 wherein following the judgment of the Honourable Supreme Court in Messrs First Women Bank (supra) the application for transfer was granted by a learned Judge of this Court.
4. ' Conversely, learned counsel for the respondent has opposed the transfer of the suit to the Banking jurisdiction of the High Court and relied on the case of Mybank Ltd. v. Speedway Fondmetall Pakistan Ltd. And others (2007 CLD 1547) wherein it has been held that mere fact that defendant had filed suit for damages against plaintiff, would not disentitle plaintiff from obtaining decree in the suit and would not affect proceedings in terms of section 9(4) of Financial Institutions (Recovery of Finances) Ordinance, both suits were to be disposed of on their own merits. In the case of Messrs Sialkot Dairies Ltd. v. Agricultural Development Bank of Pakistan (2003 CLD 67) it has been held that High Court acting as Banking Court cannot deal with any other case except those in which claim exceeds 50 million rupees. In claim not exceeding 50 million rupees, jurisdiction has only been conferred to the Banking Court established under section 5 of Financial Institutions (Recovery of Finances) Ordinance, 2001. The learned counsel has also relied on the case of Masjid Bilal v. Wali Muhammad and others (2006 CLC 1757), wherein it has been held that even consent of parties or for that matter a wrong order of the Court would not confer jurisdiction which otherwise was not vesting in a Court of law.
5. ' I have heard the learned counsel for the parties and examined the case-laws.
6. The honourable Supreme Court in the case of First Women Bank (supra) has clearly observed that the trial of both the suits would not only be expedient in the interest of justice but also in the interest of both the parties as joint trial of both the suits would certainly obviate the possibility of a conflict of judgment. Following this dicta I allow this transfer application. Resultantly Suit No,311 of 2007 filed by the respondent against the applicant be withdrawn from Banking Court No,1 at Karachi and transferred to this Court on Banking jurisdiction and be clubbed with Suit No,B-46 of 2007. Office is directed to fix both the suits together.
7. ' Transfer Application stands disposed of.