| Case ID |
389f39d7-8f29-4a41-a55b-fba338ef6738 |
| Body |
View case body. Login to View |
| Case Number |
Suit No. 1336 of 1999 |
| Decision Date |
Apr 19, 2001 |
| Hearing Date |
Feb 07, 2001 |
| Decision |
The Sindh High Court ruled that the jurisdiction was valid since the head office of United Bank Limited was located in Karachi, and the defendants resided and worked there. The plaintiff's claims of coercion and undue influence were not upheld as he had entered into agreements willingly. The court declined to grant an injunction against the bank's actions in England, asserting that the plaintiff would not suffer irreparable harm and that monetary compensation would suffice if he proved his claims. The application for a temporary injunction was dismissed, and the case was ordered to be treated as an ordinary civil suit. |
| Summary |
This case revolves around the allegations of coercion and undue influence by the defendants in the context of banking transactions. The plaintiff, Nadeem Ghani, claimed that he was pressured into paying commissions to bank officers by leveraging his financial needs against him. The Sindh High Court examined the jurisdictional aspects of the case, emphasizing the importance of where the cause of action arose and the location of the defendants' business. Ultimately, the court determined that the plaintiff's claims did not establish a prima facie case for the injunction he sought, and the existing banking laws indicated that the case should be addressed in the context of the English legal system. The ruling highlights the complexities of cross-border banking disputes and the importance of adhering to proper legal channels. Key terms include 'banking jurisdiction', 'economic duress', 'coercive banking practices', 'Pakistan legal framework', and 'international banking transactions'. |
| Court |
Sindh High Court
|
| Entities Involved |
Naveed Enterprises,
Barclays Bank,
Bank of England
|
| Judges |
S. AHMED SARWANA, J
|
| Lawyers |
Anwar Mansoor Khan,
Muhammad Akram Shaikh,
Sajid Zahid,
Habibur Rehman
|
| Petitioners |
NADEEM GHANI
|
| Respondents |
UNITED BANK LIMITED,
Mumtaz Ali Memon,
Muhammad Moazzam Khan
|
| Citations |
2001 SLD 2637 = 2001 CLC 1904
|
| Other Citations |
Value Gold Ltd. v. U.B.L. PLD 1999 Kar. 1,
Abdul Rahim v. U.B.L. PLD 1997 Kar. 62,
Unjust Enrichment and the Law of Restitution in U.K. PIJ 1999 Magazine 271,
1993 MLD 1753,
PLD 1994 Lah. 100,
1991 MLD 821,
1992 MLD 1711,
PLD 1977 Azad J&K 70,
1974 SCMR 519
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877),
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)
|
| Sections |
16,
20,
56,
21,
1(2),
5
|