MEEZAN BANK LIMITED vs The PRESIDENT ISLAMIC REPUBLIC OF PAKISTAN S — 2022 CLD 291 ISLAMABAD

Case information

Citation: 2022 CLD 291 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: CLD
Parties: MEEZAN BANK LIMITED vs The PRESIDENT ISLAMIC REPUBLIC OF PAKISTAN S
Subject matter: Constitutional
Provisions referred to: S. 82-

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

Judgment text as reported

MEEZAN BANK LIMITED VS The PRESIDENT ISLAMIC REPUBLIC OF PAKISTAN S. 82-a---Banking Mohtasib---Mal-administration---Contractual liability---Petitioner Bank did not repatriate funds involved in Letter of Credit opened by importer as documents presented by seller Bank abroad were discrepant---Complaint before Banking Mohtasib was decided against petitioner Bank---Validity---Discrepancies in documents were duly noted by petitioner Bank and despite the same the seller authorized Bank to deal further in the matter and make buyer accept the documents---Controversy germinating after tendering documents by seller was spelt out from letter written by Bank to seller---Seller gave consent on email to Bank for release of documents to buyer despite the discrepancies---Such consent and eventual release of documents by issuing Bank to importer/buyer transcended matter beyond the scope of Letter of Credit---Mandate of issuing Bank was to make payment to seller through petitioner Bank upon tendering documents as per the mandate---High Court set aside order passed by Banking Mohtasib as the same suffered from error of law and remanded the matter for decision afresh on the complaint filed against petitioner Bank---Constitutional petition was allowed accordingly.

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