| Citation(s) |
|---|
| 2016 SLG 3821 2016 SLD 3821 2016 YLR 1845 |
Lahore High Court
I.C.A. No. 335 in W.P. No. 5179 of 2015, decided on 24th November, 2015.
ATIR MAHMOOD, JUSTICE AND MUSHTAQ AHMAD TARAR, JUSTICE
Muhammad Saleem Iqbal for Appellants. Muhammad Adnan Shahid Sherwani for
Respondent.
I.C.A. No. 335 in W.P. No. 5179 of 2015, decided on 24th November, 2015.
ATIR MAHMOOD, JUSTICE AND MUSHTAQ AHMAD TARAR, JUSTICE
Muhammad Saleem Iqbal for Appellants. Muhammad Adnan Shahid Sherwani for
Respondent.
THE HEAD OF RETAIL FINANCE DIVISION, THE BANK OF PUNJAB AND another
VS
. MUSHTAQ AHMAD AND others
Law:
Section:
Constitution of Pakistan----- -----Art. 199-----Law Reforms Ordinance (XII of 1972), S. 3-----Intra court appeal-----Administration of justice-----Appellant Bank was aggrieved of order passed by Single Judge of High Court whereby Constitutional petition filed by respondent was disposed of on the basis of undertaking given by Bank Manager-----Validity-----Appellant Bank was not given proper opportunity to contest constitutional petition nor report and para-wise comments were awaited-----No proper hearing was given to appellant and simply on undertaking given by its Manager, the petition was disposed of-----Manager of appellant Bank was not authorized by appellant to give the undertaking-----Bank had produced official documents which reflected that show cause notice was issued regarding matter in hand to the Manager who in reply had sought unconditional apology for giving said undertaking while submitting that his appearance before Court was only in obedience of the court and nothing else-----Division Bench of High Court, set aside the order in question and remanded the matter to Single Judge of High Court for decision afresh in accordance with law-----Intra court appeal was allowed accordingly. THIS ORDER PASSED BY: ATIR MAHMOOD, JUSTICE:----------- Through this Intra-Court Appeal, the appellant has challenged order dated 12.08.2015 passed by learned Single Judge in Chamber in Writ Petition No.5179/2015 which was disposed of in view of undertaking given by Manger, Bank of Punjab Vehari Branch/respondent No.3 in writ petition that the vehicle/Suzuki Bolan would be handed over to the writ petitioner within a period of ten days. 2. Arguments heard. Record perused. 3. The only contention of learned counsel for the appellants is that the Manager/respondent No.3 in the writ petition was not competent to make the statement as noted in para 1 above as the Self Employment Scheme for Education Unemployed Youth (SESEUY) whereby the vehicles were being supplied had already closed which fact was communicated to all Unit Managers, Consumer Finance Centre, The Bank of Punjab…
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