| Case ID |
3d614d1c-8292-46ca-b752-8e330bf343fe |
| Body |
View case body. Login to View |
| Case Number |
D-931 of 2008 |
| Decision Date |
Sep 12, 2008 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Muhammad Aamir Saeed against Messrs United Bank Ltd. The petitioner sought relief against the bank's suspension of his credit card due to default in payments. The court found that the petitioner had failed to pay his dues and was attempting to avoid his liability. It noted that any disputes regarding mark-up or interest should be addressed before the Banking Court or Banking Mohtasib, asserting that a constitutional petition was not an efficacious remedy. The court emphasized that equitable relief under Article 199 of the Constitution cannot be granted in aid of injustice, especially when the petitioner was clearly in default. |
| Summary |
In the case of Muhammad Aamir Saeed vs. Messrs United Bank Ltd., the Sindh High Court addressed issues surrounding the Banking Companies Ordinance, specifically Section 82, and the constitutional jurisdiction under Article 199 of the Constitution of Pakistan. The petitioner, Muhammad Aamir Saeed, challenged the bank's decision to suspend his credit card after defaulting on payments. The court ruled that the petitioner had not provided adequate evidence to support his claims of malpractice against the bank and found that any disputes regarding the bank's actions should be resolved through the appropriate banking channels rather than through constitutional petition. This case underscores the importance of adhering to established banking procedures and the limitations of constitutional jurisdiction in financial disputes. The decision highlights the need for effective dispute resolution mechanisms in banking and reinforces the role of the Banking Mohtasib in addressing customer grievances. It also reflects on the growing trend towards alternative dispute resolution in the banking sector, which aims to maintain business relationships and provide cost-effective solutions to disputes while reducing the burden on the judicial system. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
KHILJI ARIF HUSSAIN,
BIN YAMIN
|
| Lawyers |
Sardar Sher Afzal
|
| Petitioners |
MUHAMMAD AAMIR SAEED
|
| Respondents |
Messrs UNITED BANK LTD. through President and 2 others
|
| Citations |
2008 SLD 2256,
2008 CLD 1324
|
| Other Citations |
Not available
|
| Laws Involved |
Banking Companies Ordinance, 1962,
Constitution of Pakistan, 1973
|
| Sections |
82,
Art.199
|