STANDARD CHARTERED BANK LIMITED vs WAQAR AHMED CHANDIO S — 2026 CLD 510 KARACHI-HIGH-COURT-SINDH

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STANDARD CHARTERED BANK LIMITED VS WAQAR AHMED CHANDIO S.22---Suit for declaration, refund, damages by the customer against the Bank---Disputed credit card transactions---Fraudulent issuance of the card, allegation of---Failure of Bank to lead evidence---Effect---Closure of defense---Non-blocking of credit card by Bank despite non-payment by customer for months, effect of---Brief facts were that the respondent/customer was an account holder of the appellant bank and had two credit cards, of which one was cancelled on his request; in 2013 he discovered that Rs.114,681/- had been deducted from his account and was informed that another credit card had been issued in his name and used for transactions, which he denied applying for or receiving; after receiving a recovery notice for Rs.455,782.68, he filed a suit before the Banking Court for declaration, refund, damages and injunction; the bank claimed the disputed card was a replacement and used by him, but failed to produce its witness for evidence despite repeated chances, leading to closure of right; suit was decreed in favor of the plaintiff, which was being challenged in through the present appeal---Held: The impugned order closing side of the bank showed that initially the matter remained pending before the banking court for filing of affidavit in evidence of appellant's witness from 23.10.2017 to 23.01.2019 for about more than one year---But even after filing of affidavit on latter date, the bank's witness failed to come in the witness box and adduce evidence---On a number of occasions strict directions were given to the bank to produce him and lead his evidence but to no avail---Finally, on 11.12.2020, a last chance in this regard was given to the bank but then again on 20.1.2021 the case was adjourned at the request of bank but this time a cost of Rs.1000/- was imposed and the matter was adjourned to 23.02.2021---Even then the bank failed to lead evidence of its witness on that date citing some problem and this time against a cost of Rs.1500/-, indulgence was shown by the Banking Court and the matter was adjourned---On 07.04.2021 the bank finally produced its witness but the witness demanded adjournment saying that he was not ready to give evidence for want of documents---The court then called it a day and closed the side---The order passed by the Banking Court closing the side of the bank was well-reasoned and in accordance with law---It was very strange that the credit card was kept activated for a number of months although no payment against the transactions made through it were made by the plaintiff/respondent---It was noted that usually credit card was blocked after a month on nonpayment of outstanding amount---But in the present case, despite nonpayment for months together, the card holder was being allowed to carry on transactions without any hindrance---The bank could not produce any documentary evidence showing copies of monthly bills or notices given to respondent on his failure to make good on the monthly payments against the transactions---Present appeal of the bank was dismissed, in circumstances.

STANDARD CHARTERED BANK LIMITED vs WAQAR AHMED CHANDIO S — 2026 CLD 510 KARACHI-HIGH-COURT-SINDH

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