Law:

Section:

Constitution of Pakistan (1973)--- ----Arts. 199 & 185(3)---Constitutional jurisdiction of High Court --Delisting of insurance companies from the panel of Bank---Dispute between Bank and insurance companies was with regard to the payment of amount of claim---Insurance companies denied payment of the claim and for the recovery of the same civil suit was filed by the Bank in the Court of competent jurisdiction which was pending--­Bank was of the view that the companies were acting mala fide, therefore, the companies were delisted from the panel of the Bank--­Insurance companies assailed the order of the Bank before High Court in exercise of Constitutional jurisdiction under Art. 199 of the Constitution which was allowed by the High Court and the order passed by the Bank was set aside---Leave to appeal was granted by Supreme Court to consider, whether petition under Art.199 of the Constitution filed by the insurance companies in the High Court in the month of February, 2000 challenging order, dated 5th March, 1998 was hit by doctrine of laches and as such was liable to be dismissed on this score alone; whether High Court exercised Constitutional jurisdiction in violation of the settled principle of law that disputed question of facts could not be decided in the Constitutional jurisdiction by the High Court to give relief to the insurance companies, if so to what effect, whether of High Court was not sustainable because stand taken by the Bank relating to filing of suit for recovery against the borrower and other insurance companies in the jurisdiction of High Court was not considered in the , and whether Constitutional petition filed by the insurance company was liable to abate because suit filed by Bank for recovery of money against insurance companies was earlier in time. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition has been filed for leave to appeal against the order of High Court of Sindh, dated 22nd November, 2000, whereby Constitutional Petition No. D-296 of 2000 filed by respondent in the month of February, 2000 challenging the letter of delisting of Insurance Companies from the Bank's approved list dated March 5, 1998 has been allowed. 2.…

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