| Case ID |
2240b0a5-b551-40b6-9f3c-a0f896cfe7ca |
| Body |
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| Case Number |
Writ Petition No. 3848 of 2021 |
| Decision Date |
Sep 07, 2021 |
| Hearing Date |
Sep 07, 2021 |
| Decision |
The High Court accepted the writ petition filed by Habib Bank Limited, challenging the orders of the Banking Mohtasib Pakistan. The court found that the Banking Mohtasib exceeded its jurisdiction by adjudicating on matters that required judicial determination under Article 175 of the Constitution of Pakistan. The court set aside the impugned orders dated 17.02.2020 and 10.12.2020, ruling that the Banking Mohtasib could only make recommendations based on inquiries and lacked the authority to impose penalties or decide rights between parties. The court emphasized that such matters fall under the jurisdiction of the banking courts as established by law. |
| Summary |
This case revolves around a writ petition filed by Habib Bank Limited against the Banking Mohtasib Pakistan's orders that directed the bank to credit an amount to a complainant's account. The petitioner challenged the validity of the orders based on jurisdictional grounds, asserting that the Banking Mohtasib had no authority to decide judicial matters, which are reserved for the courts. The court's decision highlighted the distinction between administrative and judicial functions, clarifying that the Banking Mohtasib can only issue recommendations and cannot adjudicate disputes. The ruling reinforces the legal framework governing banking disputes in Pakistan, emphasizing the separation of powers and the specific roles of different judicial entities. |
| Court |
High Court
|
| Entities Involved |
FEDERATION OF PAKISTAN,
HABIB BANK LIMITED
|
| Judges |
SAFDAR SALEEM SHAHID, J
|
| Lawyers |
Rao Amer Faraz,
Muhammad Shahid Akhtar
|
| Petitioners |
HABIB BANK LIMITED
|
| Respondents |
FEDERATION OF PAKISTAN,
others
|
| Citations |
2022 SLD 2136,
2022 CLD 769
|
| Other Citations |
United Bank Limited v. Federation of Pakistan and others 2018 CLD 587
|
| Laws Involved |
Banking Companies Ordinance, 1962,
Federal Ombudsmen Institutional Reform Act, 2013,
Constitution of Pakistan, 1973
|
| Sections |
82-D,
98,
175
|