JS BANK LIMITED, KARACHI vs PROVINCE OF PUNJAB through Secretary Food, Lahore S

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

JS BANK LIMITED, KARACHI VS PROVINCE OF PUNJAB through Secretary Food, Lahore S. 5---Constitution of Pakistan, Arts. 185(3) & 199---Law Reforms Ordinance (XII of 1972), S. 3(2)---Civil petitions for leave to appeal challenging dismissal of Constitutional petitions by the High Court---Condonation of delay---Petitioners had filed Constitutional petitions before Single Judge of the High Court that were dismissed---Intra-Court Appeals (ICAs) filed there against before the Division Bench of the High Court were also dismissed as being not maintainable---Petitioners challenged orders of the Division Bench of the High Court by filing petitions for leave to appeal before the Supreme Court, and belatedly as a precautionary measure also challenged orders of the Single Judge of the High Court by filing petitions for leave to appeal before the Supreme Court, along with applications for condonation of delay---Applications for condonation of delay were filed with the contentions that petitioners considered that the ICAs were competent, but that that they were dismissed being not maintainable---Held, that it was petitioners' responsibility to be clear in their mind as regards to what remedy was available to them under the law---Even if more than one remedy was available to the petitioners against the impugned orders, they had to choose one remedy, and at a time all the available remedies could not be pressed by the petitioners---In the present case if it was the petitioners' stance that ICAs were competent and that they had wrongly been dismissed then their petition to challenge the order of Division Bench was to be filed only and if they admitted that the ICAs were not competent then they had a right to challenge the order of Single Judge dismissing their Constitutional petitions---Invoking the jurisdiction of the Supreme Court against the order of Single Judge directly through a petition for leave to appeal and simultaneously challenging the order of the Division Bench by filing leave to appeal petition were self-contradictory---Petitioners had chosen to avail both remedies, therefore, the ground taken for condonation of delay was not acceptable under the law---Civil petitions for leave to appeal were dismissed.

JS BANK LIMITED, KARACHI vs PROVINCE OF PUNJAB through Secretary Food, Lahore S — 2021 SCMR 1617 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2021 SCMR