Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 9

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--S. 9---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for recovery of damages and violation of contractual obligations---Rejection of plaint---Remedy against wrong---Plaintiff filed suit against bank in civil court of plenary jurisdiction but on the application of bank plaint was returned to him for filing the same before Banking Court---After return of plaint, the plaintiff filed suit before Banking Court and there on the application of bank plaint was rejected under O.VII, R.11, C.P.C.---Validity---No one could be left without remedy and if a wrong had been committed with him and he was in search of some redress against such wrong, there must be some forum available to entertain his claim and to adjudicate upon proceedings instituted by such person---Conduct of bank was nothing but to make plaintiff a shuttlecock in between different forums for redress of his grievances---After return of plaint from civil court, plaintiff rightly availed the forum of Banking Court, which with reference to pecuniary jurisdiction, was at relevant time lying with High Court in its Banking jurisdiction---Division Bench of High Court set aside the order passed by Single Judge of High Court whereby plaint was rejected and case was remanded for regular trial---Appeal was allowed in circumstances. State Bank of Pakistan v. Chiragh Sun Engineering Ltd. and another 2000 YLR 1198 and Qayyum Nawaz Khan and another v. The Regional Manager, Agricultural Development Bank of Pakistan, Dera Ismail Khan and 4 others PLD 1997 Pesh. 72 ref. JUDGMENT IBAD-UR-REHMAN LODHI, J.---The appellant at the first instance filed suit in the civil court for redress of his stated grievance and to get damages from the Bank, which according to the appellant, he was entitled on account of the misdeeds and violation of contractual obligations on the part of the Bank or its officials, causing personal damages to the appellant as surety/indemnifier. 2. The Bank appeared in the said suit and moved an application under the provisions of Order VII, Rule 11, C.P.C., seeking rejection of the plaint of the said suit, mainly on the ground that…

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