Case Details

Citation(s)
2020 SLG 2484 2020 SLD 2484 2020 CLD 1431
Lahore High Court
Writ Petition No. 6903 of 2020, decided on 19th June, 2020.
SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE
Mian Babar Saleem for Petitioner. Syed Shahenshah Hussain, Assistant Attorney General, Shahid Hassan Raheel, Advocate/Legal Advisor with Umar Hayat Khan Lodhi Branch Manager Bank Alfalah Ltd.

MST. AYSHA ASIF

VS

GOVERNOR STATE BANK OF PAKISTAN AND OTHERS

Law:

Section:

Banker and customer--- ----Joint-Bank account---Death of one party to a joint Bank account---Mandate/authority of Either or Survivor---Payment of funds to survivor after death of joint-account holder---Authority of bank to block/seize such funds or account(s)---Scope sought direction against seizure of her account which contained funds, which were transferred to her account from a joint-account, after death of joint-account holder as a one-time transaction allowed by respondent Bank as per its Standard Operating Procedures (SOPs)---Validity---Contention of respondent Bank that funds were seized/blocked after application was filed by deceaseds brother, was not tenable as no proper procedure had been adopted by Bank after issuance of notice by court of competent jurisdiction---Brother of deceased had not adopted the legal requirements therefore funds could not have been seized/blocked--- High Court directed respondent Bank to unfreeze/unblock funds in favour of petitioner under terms and conditions of respondent Bank established between the deceased and petitioner---Constitutional petition was disposed of, accordingly. Shafique Ahmad v. Public-at-Large and 4 others 2014 YLR 465 rel. ORDER SARDAR MUHAMMAD SARFRAZ DOGAR, J.--- By filing the instant constitutional petition, the petitioner has made the following prayer:- On the accumulative facts and circumstances narrated above, it is most respectfully prayed that the instant writ petition may kindly be graced with acceptance and the respondent No.1 be specifically directed to decide the pending application of the petitioner dated 07.5.2020 with a further direction to release the amount of the petitioner with held by the respondent authorities without any lawful authority, in the supreme interest of justice, equity and fair play. Any other relief to which this Honble Court deems fit and proper in the interest of justice may also be granted to the petitioner. 2. Learned counsel for the petitioner submits that the petitioner along with her husband maintains a joint account at Bank Alfalah Limited/respondent No.4, that the husband of the petitioner died on 26.4.2020; that sole grievance of the petitioner is that, after…
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