UNITED BANK LIMITED vs PRESIDENT OF THE ISLAMIC REPUBLIC OF PAKISTAN, AIWAN-E-SADAR, ISLAMABAD S — 2026 CLD 803 ISLAMABAD

Case information

Citation: 2026 CLD 803 ISLAMABAD
Court: Islamabad High Court
Year: 2026
Reporter: CLD
Parties: UNITED BANK LIMITED vs PRESIDENT OF THE ISLAMIC REPUBLIC OF PAKISTAN, AIWAN-E-SADAR, ISLAMABAD S
Subject matter: Constitutional
Provisions referred to: S. 82-; 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

UNITED BANK LIMITED VS PRESIDENT OF THE ISLAMIC REPUBLIC OF PAKISTAN, AIWAN-E-SADAR, ISLAMABAD S. 82-a---Payment Systems and Electronic Fund Transfers act (V of 2007), Ss.50 & 55---Banking Mohtasib---Jurisdiction---Performing of judicial functions---Damages, grant of---Principle---Dispute raised before High Court was with regard to jurisdiction exercised by Banking Mohtasib---Held: Where complaint to Banking Mohtasib was of non-compliance with State Bank of Pakistan rules, guidelines, circulars, bye-laws, standards or directions whether issued under Payment Systems and Electronic Fund Transfers act, 2007 or otherwise, Banking Mohtasib could exercise jurisdiction in accordance with the law---Banking Mohtasib under the provisions of Banking Companies Ordinance, 1962 was part of the Executive and not under the supervision and control of the Judiciary, therefore, could not perform judicial functions nor could he exercise judicial power---Cases which entailed disputed questions of fact pertaining to unauthorized / fraudulent Electronic Fund Transfers and involved determination of rights and obligations of parties and affixation of liability which had to be established through a fair trial, that could only be guaranteed if conducted by a Court in exercise of judicial power---Civil action for damages laid only to a Court of competent jurisdiction under Payment Systems and Electronic Fund Transfers act, 2007---Where question before Banking Mohtasib was not of mal-practice or mal-administration on account of non-compliance with State Bank of Pakistan rules, guidelines, circulars, bye-laws, standards or directions, and matter was purely a civil dispute requiring trial, Banking Mohtasib lacked requisite power to pass any order---Constitutional petition was disposed of accordingly.

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