MAZHARUDDIN vs The MANAGER SME LEASING LTD — 2025 CLD 1300 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 CLD 1300 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: CLD
Parties: MAZHARUDDIN vs The MANAGER SME LEASING LTD
Subject matter: Criminal
Provisions referred to: S. 2; Civil Procedure Code (V of 1908)

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

MAZHARUDDIN VS The MANAGER SME LEASING LTD. Ss.2(c), 2(d) & 9---Civil Procedure Code (V of 1908), O.VII, R.10---Suit for declaration and recovery of damages against the bank---Purchase of CNG station in auction proceeding---Cancellation of sale deed and delay in return of bid money---Non-existence of relationship of bank and customer---Civil Court, jurisdiction of---Banking Court instead of returning the plaint dismissed the same on the ground of limitation while observing that appellant did not fall within the definition of 'Customer' as defined in S.2(c) of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Validity---Transaction of auction purchase and the relationship between the appellant and respondent-bank was neither of 'Finance' nor 'Customer', which was also observed in the order, yet, the Banking Court dismissed the suit on merits, although it did not have jurisdiction to decide the lis in terms of the Banking Law, thus, the order was also self-contradictory---Proper course was to return the plaint, as was done in the earlier suit of similar nature---Order of Banking Court being illegal and without jurisdiction could not be sustained; consequently, the same was set aside and the plaint was directed to be returned and to be filed in the court of competent jurisdiction, which after ceasing of the matter could decide the maintainability issue and all other issues on merits---First Appeal was allowed, in circumstances.

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