STANDARD CHARTERED BANK (PAKISTAN) LIMITED vs YAWAR FARUQUI Ss — 2026 PLD 167 KARACHI-HIGH-COURT-SINDH

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STANDARD CHARTERED BANK (PAKISTAN) LIMITED VS YAWAR FARUQUI Ss. 9 & 22---Suit of recovery of damages---Maintainability---Mental stress and agony---Suit filed by respondent / customer was decreed against appellant / bank for recovery of damages---Banking Court granted damages of Rs.5,000,000/- on account of mental stress, agony etc. suffered by respondent / customer---Validity---Such damage did not occur out of any contractual or financial obligation between the parties---Respondent / customer might have a right to institute a claim against appellant / bank for seeking such damages, and those could only be awarded by a Civil Court of competent jurisdiction, and not by Banking Court in its special jurisdiction---Division Bench of High Court set aside judgment and decree to such extent as Banking Court had travelled beyond the scope of its jurisdiction---Respondent / customer remained at liberty to file any civil suit for damages etc. against appellant / bank in a court of competent jurisdiction for seeking his claims of damages, in accordance with law---Intra Court Appeal was allowed accordingly. Citation Name: 2026 PLD 167 KARACHI-HIGH-COURT-SINDHBookmark this Case STANDARD CHARTERED BANK (PAKISTAN) LIMITED VS YAWAR FARUQUI Ss. 9 & 22---Suit for recovery of money---Negligence of bank---Respondent / plaintiff was aggrieved of deduction of disputed bill of credit card, five years after the card was stolen and had been so reported to appellant / bank---Judge in Chambers of High Court decreed the suit in favour of respondent / plaintiff and directed to return disputed amount along with markup---Validity---Appellant / bank was not without some fault and blame and was negligent in its approach and dealing with the entire matter---Appellant / bank accepted to have initially closed investigation into the complaint of respondent / plaintiff in year 2001, then unilaterally re-opened it and withdrew disputed amount from respondent / plaintiff five years post-closing the investigation---This was negligence and mismanagement on the part of appellant / bank---Amount in question was adjudicated by appellant / bank itself without giving respondent / plaintiff any proper opportunity for hearing and rebutting the same---It was the appellant / bank itself who held that a contractual relationship existed between the parties by relying upon various Terms and Conditions between them---Division Bench of High Court declined to interfere in the judgment and decree passed by Judge in Chambers of High Court allowing recovery of funds wrongly auto-debited from the account without any forewarning or permission and without any proper due process being followed---IntraCourt Appeal was dismissed accordingly.

STANDARD CHARTERED BANK (PAKISTAN) LIMITED vs YAWAR FARUQUI Ss — 2026 PLD 167 KARACHI-HIGH-COURT-SINDH

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