BANK ALFALAH LIMITED vs FEDERATION OF PAKISTAN through Presidential Secretariat S

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BANK ALFALAH LIMITED VS FEDERATION OF PAKISTAN through Presidential Secretariat S. 9---Banking Companies Ordinance (LVII of 1962), S. 82D---Decision of Banking Mohtasib Pakistan in favour of customer of bank---Evidence adduced by bank, deficiency in---Effect---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 the 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respondent / customer, was that it did not have documents available with it to reflect the disputed amount having been withdrawn by respondent /customer as the transaction was old one having taken place in the year 1999 while the bank was only required to maintain the record of 10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---Petitioner /Bank was not disputing deposit of disputed amount with it by respondent / customer---Stance of the petitioner / Bank contradicted its (bank's) own claim in the shape of a document viz. a debit voucher dated 20.11.1999, purportedly generated by the computer with endorsement in handwriting relating to withdrawal of the amount---Therefore, plea that the document of withdrawal was not available was not founded on any solid under gird---Except said document (debit voucher), the petitioner / Bank had not come forward to place any convincing evidence before any of the forabelow to show that the amount was withdrawn by respondent / customer---When disputed amount was admitted by the bank to have been deposited, the burden would be upon the bank to show that the same (amount) was subsequently withdrawn by respondent / customer---In absence of any valid evidence presented by the bank showing any withdrawal of the amount by respondent / customer, the presumption would run against the bank that the disputed amount remained in its possession and was never withdrawn---Petitioner / Bank, being regulated by the laws and regulations, was required to maintain the record of every transaction for future reference---Claim of the petitioner / Bank that it was required to maintain the relevant record of only 10 years; and in the present case, therefore, after 10 years, the relevant record was disposed of was not supported by any documentary evidence---Petitioner /Bank had placed no document/memos on record that after 10 years, the relevant record pertaining to TDR facility availed by respondent / customer was destroyed or disposed of to support such plea---When the bank had miserably failed to present any evidence regarding withdrawal of the disputed amount by respondent / customer, the observations recorded by the Banking Mohtasib and the President of Pakistan appeared to be spot on, therefore, no exception qua such findings could be taken---Constitutional petition filed by the Bank , being merit-less , was dismissed.

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

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