| Case ID |
426dcbf3-396a-4378-b73c-cd59d972e122 |
| Body |
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| Case Number |
First Appeal No.D-14 of 2010 |
| Decision Date |
Apr 10, 2014 |
| Hearing Date |
|
| Decision |
The appeal was dismissed on the grounds that the appellant, Aijaz Mahmood, failed to establish the veracity of his claims regarding damages caused by the respondent bank. The court highlighted that the onus of proof lay with the plaintiff, who did not provide sufficient evidence to support his allegations. It was noted that the plaintiff admitted to not issuing any notice of damages to the bank prior to filing the suit, which further weakened his case. The court confirmed that the plaintiff's claims were not substantiated by persuasive evidence, and thus the impugned judgment and decree of the Banking Court were upheld. |
| Summary |
This case revolves around a financial dispute between Aijaz Mahmood and Messrs Hongkong and Shanghai Banking Corporation regarding damages claimed by the plaintiff due to the bank's alleged negligence in handling a letter of credit facility. The Sindh High Court, presided over by Justices Nadeem Akhtar and Shahnawaz Tariq, dismissed the appeal, emphasizing that the plaintiff failed to prove his claims convincingly. The court noted the absence of prior notice to the bank about the alleged damages and the lack of substantial evidence to support the plaintiff's assertions. The judgment reinforces the principle that the burden of proof lies with the claimant in financial disputes, particularly under the Banking Companies (Recovery of Loans) Ordinance and the Financial Institutions (Recovery of Finances) Ordinance. Keywords: financial dispute, damages, negligence, burden of proof, banking law. |
| Court |
Sindh High Court
|
| Entities Involved |
AIJAZ MAHMOOD,
Messrs HONGKONG AND SHANGHAI BANKING CORPORATION
|
| Judges |
NADEEM AKHTAR,
SHAHNAWAZ TARIQ
|
| Lawyers |
Masood Awan Ausaf,
Imtiaz Agha
|
| Petitioners |
AIJAZ MAHMOOD
|
| Respondents |
Messrs HONGKONG AND SHANGHAI BANKING CORPORATION
|
| Citations |
2014 SLD 2157,
2014 CLD 1244
|
| Other Citations |
Not available
|
| Laws Involved |
Banking Companies (Recovery of Loans) Ordinance,
Financial Institutions (Recovery of Finances) Ordinance
|
| Sections |
7,
22
|