| Case ID |
16c81712-150c-4f73-8d14-a965042111e4 |
| Body |
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| Case Number |
Civil Petition No.1556 L of 2002 |
| Decision Date |
Jul 01, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan has dismissed the petition filed by Rana Bhagwandas, refusing leave to appeal against the Lahore High Court's decision dated July 22, 2002. The petitioner sought to contest a money decree amounting to Rs.2,85,157, out of which Rs.1,97,678 has been paid, leaving a balance of Rs.87,539. Instead of complying with the decree or raising relevant objections in the executing court, the petitioner filed successive writ petitions, which the court deemed as frivolous litigation aimed at harassing the respondent bank. The Supreme Court found the petitioner's contention regarding the unaccounted Rs.50,000 paid to the bank to be unsubstantiated. Consequently, the court upheld the dismissal of the petition and refused the leave to appeal. |
| Summary |
In the landmark case Civil Petition No.1556 L of 2002, adjudicated by the Supreme Court of Pakistan on July 1, 2002, the petitioner, Rana Muhammad Shafi, sought to challenge a money decree issued by A.D.B.P. for the recovery of Rs.2,85,157. Out of this amount, Rana Muhammad Shafi had paid Rs.1,97,678, leaving an outstanding balance of Rs.87,539. Instead of complying with the court's decree or lodging relevant objections with the executing court, the petitioner resorted to filing successive writ petitions in an attempt to delay proceedings, which the Supreme Court identified as an abuse of the judicial process aimed at harassing the respondent bank. The petitioner argued that he had paid Rs.50,000 to the bank, which had not been properly accounted for. However, the court dismissed this claim, stating that the petitioner had failed to provide adequate evidence to support his contention. Legal representatives S.M. Rashid and Mehdi Khan Mehtab advocated on behalf of the petitioner, while 'Nemo' represented the respondents. The Supreme Court referenced relevant sections of the Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) and the Constitution of Pakistan (1973), specifically Articles 185(3) and 199, to underpin its decision. The court emphasized the importance of adhering to proper legal procedures and condemned the petitioner’s actions as misusing constitutional petitions for unwarranted litigation. As a result, the Supreme Court upheld the dismissal of the petition and refused leave to appeal, reinforcing the judiciary's stance against frivolous legal maneuvers in financial disputes. This case underscores the judiciary's commitment to maintaining the integrity of legal processes and deterring attempts to exploit the system for personal or financial gain. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
A.D.B.P.,
Banking Court No. 1, Gujranwala
|
| Judges |
RANA BHAGWANDAS,
TANVIR AHMED KHAN
|
| Lawyers |
S.M. Rashid,
Mehdi Khan Mehtab,
Nemo
|
| Petitioners |
Rana Muhammad Shafi
|
| Respondents |
Javed Iqbal Siddiqui
|
| Citations |
2003 SLD 2996,
2003 CLD 1585
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001),
Constitution of Pakistan (1973)
|
| Sections |
S. 19,
Arts. 185(3),
Arts. 199
|