Case Details

Citation(s)
2017 SLG 665 2017 SLD 665 2017 CLD 285
Sindh High Court
Suit No. 67 of 2014, decided on 10th November, 2016.
MAHMOOD A. KHAN, JUSTICE
Zaheer-ud-Din Minhas holding brief for Ghulam Rasool for Plaintiff. Noman Jamali for Defendants Nos.1 and 2. Khalid Hayat for Defendant No.7. Abdul Razzak for Defendant No.8. Rafi-ud-Din Junejo for Banking Mohtasib Pakistan.

MCB BANK LIMITED THROUGH DULY CONSTITUTED ATTORNEY--Plaintiff

VS

SAJIDA NQAI RIAZ AND 8 others----Defendants

Law:

Section:

Banking Companies Ordinance (LVII of 1962)--- ----Ss. 82-A, 82-E(4) & (7)---Federal Ombudsman Institutional Reforms Act (I of 2013), S. 18---Civil Procedure Code (V of 1908), O.I, R.10 & O.V11. R.11---Specific Relief Act (I of 1877), S. 42---Suit for declaration, recovery of compensation and damages---Rejection of plaint---Banking Mohtasib, proceedings against---Plaintiff Bank was aggrieved of the order passed by Banking Mohtasib and sought recovery of compensation as well as damages---Validity---Special law only provided complainant an opportunity to approach civil court but not the Bank---Matter decided by special forum could not be allowed to be re-agitated before civil court except by available exception or for want of jurisdiction by special forum and/or mala fides which were not only required to be merely alleged the same were to be referred also in the plaint, failing which the same could not even be brought up in evidence before civil court---In absence of any reference to any alleged mala fide and collusion or connivance in plaint any allowance to mere allegation would be sufficient to treat the whole purpose of creation of special forum redundant---Dispute between plaintiff and defendants stood decided in accordance with and by a special forum created by law---Such exercise was legal and protected by law and did not warrant any claim of damages against Banking Mohtasib and State Bank of Pakistan---Plaintiff failed to show required exception, as such had no cause of action in law as far as the such officials were concerned and they could not be a party to such proceedings and their names were deleted from the list of defendants---Application was disposed of accordingly. Sultan Muhammad and another v. Muhammad Qasim and others 2010 SCMR 1630; S.M. Shafi Ahmed Zaidi through Legal Heirs v. Malik Hassan Ali Khan (Moin) through Legal heirs 2002 SCMR 338; Messrs Rohi Ghee Industries (Pvt.) Ltd. and others v. Collector of Customs and others 2007 PTD 878; Secretary Economic Affairs Division Islamabad and others v. Anwarul Haq Ahmed and others 2013 SCMR 1687; Karachi Catholic Cooperative Housing Society Ltd v. Mirza Jawad Baig PLD 1994 Kar. 194;…
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