BANK ALFALAH LIMITED vs FEDERATION OF PAKISTAN through Presidential Secretariat art

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BANK ALFALAH LIMITED VS FEDERATION OF PAKISTAN through Presidential Secretariat art. 199---Federal Ombudsmen Institutional Reforms act (XIV of 2013), S. 9---Concurrent findings in favour of the customer of bank, assailing of---Constitutional petition filed by the Bank---Scope---Customer/account-holder of bank approached the bank to probe his alleged Term Deposit Receipt (TDR) facility along with a receipt indicating TDR value of USD $ 10,374 as on 25.05.1999 and verify the details ; on inquiry, the bank found / claimed that facility availed by customer was encashed by him upon his written request by issuance of bearer bond having been processed on 20.11.1999---Customer filed a complaint before the Banking Mohtasib Pakistan which was allowed and the Bank was directed to pay/credit in Complainant's account of the value of USD$ 11,374/- with profit forthwith---Bank /Petitioner filed constitutional petition as its representation before the President, Federation of Pakistan was dismissed---Stance / plea of the petitioner / Bank, to deny the case of respondent / customer, was that it did not have documents available with it to reflect the disputed amount having been withdrawn by respondent /customer as the transaction was old one having taken place in the year 1999 while the bank was only required to maintain the record of 10 years---Validity---Record revealed that the petitioner / bank had miserably failed to present any evidence regarding withdrawal of the disputed amount by respondent / customer, therefore, the observations recorded by the Banking Mohtasib and the President of Pakistan appeared to be spot on as there were concurrent findings recorded by both the forums below on facts of the case---In the constitutional jurisdiction unless those findings were shown to be rooted in illegality, perversity, or a result of a consideration based on extraneous circumstances or an outcome of mis-appreciation of facts or wrong interpretation of law, a different view could not be taken---Constitutional petition filed by the Bank, being merit-less, was dismissed.

BANK ALFALAH LIMITED vs FEDERATION OF PAKISTAN through Presidential Secretariat art — 2026 CLD 569 KARACHI-HIGH-COURT-SINDH

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