When dismissing a private company’s appeal against First Habib Mudarba Ltd., LHC Justice Jawad Hassan found that financial matters for which the parties had agreed upon jurisdiction could not be heard in a different court.
Examining the agreements with exclusive clauses pertaining to the parties’ agreed-upon judicial jurisdiction is the crux of the issue.
While arguing the matter, counsels for the parties have alluded to different documents/agreements executed between the parties.
The bank’s attorney, Samia Faiz Durrani, stated that the plaintiffs filed this lawsuit because, according to Clause 12, the parties had agreed that Karachi courts would have exclusive territorial jurisdiction to decide any dispute or claim arising out of the agreement.
