Law: Banking Companies Ordinance, 1962

Section: 82B,82C,82D,82D(2)

Law: Negotiable Instruments Act, 1881

Section: 123A

Banking Companies Ordinance (LVII of 1962)--- ----Ss. 82B, 82D & 82C---Banking Mohtasib---Exercise of powers by Banking Mohtasib---Complaint---Bar on jurisdiction of Banking Mohtasib---Scope---Delay in filing of a complaint, determination of---Condonation of delay by Banking Mohtasib by implication---Scope---Section 82B of the Banking Companies Ordinance, 1962 only barred Banking Mohtasib from entertaining such complaints which had already been disposed of by the State Bank of Pakistan or any other court of Pakistan and pendency of criminal proceedings on the subject matter would not oust jurisdiction of Banking Mohtasib where proceedings were civil in nature---Period prior to intimation by complainant to a Bank of his/her intention to file a complaint did not figure into S. 82D(2) of the Banking Companies Ordinance, 1962 while determining the period of limitation for making complaint to Banking Mohtasib---Banking Mohtasib under S. 82(D) of Banking Companies Ordinance having discretion to condone delay in filing of a complaint before it, it would be deemed by implication, where a complaint had been decided before it, that any delay therein was condoned as such complaint was decided upon by Banking Mohtasib. Peshawar Electric Supply Company Ltd. v. Wafaqi Mohtasib (Ombudsmen), Islamabad PLD 2016 SC 940 and State Life Insurance Corporation of Pakistan v. Wafaqi Mohtasib 2000 CLC 1593 rel. THIS JUDGMENT DELIVERED BY: ADNAN IQBAL CHAUDHRY J.--- The Petitioner (Askari Bank) is aggrieved of orders dated 19-10-2015 and 27-06-2016 passed respectively by the Banking Mohtasib and the President of Pakistan whereby the complaint of the Respondent No.3 under section 82D of the Banking Companies Ordinance, 1962 [the BCO] was accepted by the Banking Mohtasib, the Petitioner's Representation to the President under section 14 of the Federal Ombudsmen Institutional Reforms Act, 2013 [the FOIRA] was dismissed, and Askari Bank was directed to refund a sum of Rs.8,024,831/- to the Respondent No.3. This petition had been tagged for hearing and then reserved for judgment along with a number of other petitions which had challenged the vires of certain provisions of the BCO and the…

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