HABIB BANK LIMITED vs FEDERATION OF PAKISTAN S — 2022 CLD 769 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLD 769 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLD
Parties: HABIB BANK LIMITED vs FEDERATION OF PAKISTAN S
Subject matter: Constitutional
Provisions referred to: S. 82-D---; S. 9---C; S. 82-B; D--- Federal Ombudsmen Institutional Reforms Act (XIV of 2013); Banking Companies Ordinance

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

HABIB BANK LIMITED VS FEDERATION OF PAKISTAN S. 82-D--- Federal Ombudsmen Institutional Reforms Act (XIV of 2013), S. 9---Constitution of Pakistan, Art. 175---Banking Mohtasib---Powers---Dispute, determination of---Jurisdiction---Petitioner Bank was aggrieved of order passed by Banking Mohtasib directing petitioner to make good loss caused to complainant---Validity---Banking Mohtasib had only power to entertain complaint and then to formulate recommendation in view of inquiry or report and then to submit it before concerned authority---Matters to decide rights or penalizing parties was specific prerogative of Courts---Loss to complainant was pointed by bank official so inquiry could be sent to the authority---Banking Mohtasib by exercising his capacity under S. 82-B of Banking Companies Ordinance, 1962, could not decide the matter as it related to judicial side---Banking Courts were constituted under law to deal with such matters---High Court set aside orders passed by Banking Mohtasib and maintained by appellate authority, as such orders were against law and in violation of Art. 175 of the Constitution---Constitutional petition was allowed in circumstances.

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