Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S.9---Civil Procedure Code (V of 1908), S.9 & O.VII, R.10---Suit for declaration, permanent injunction, damages for breach of contract and commission of tort by Bank and removal of plaintiffs name from Data Check List---Issuance of clearance certificate by Bank after deposit of outstanding amount against Credit Card issued to plaintiff--Plaintiff s claim for damages against Bank for placing his name on Data Check List---Return of plaint of such suit by Banking Court for lack of jurisdiction---Validity---Jurisdiction of Banking Court would attract in case of commission of default by customer or financial institution in fulfilling any obligation regarding a finance---Defendant-Bank had not included plaintiffs name in Data Check List, which had been prepared by State Bank of Pakistan---Credit Card would. fall within term of finance'---Plaintiff s claim was based on tortuous liability arising out of act and omission of State Bank of Pakistan by placing his name on Data Check List---Banking Court had no jurisdiction over a tort case based upon damages---High Court while dismissing appeal - maintained impugned order in circumstances. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S.2(d)---Term finance"---Scope---Credit Card would fall within term "finance". (c) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S.9---Civil Procedure Code (V of 1908), S.9---Suit for damages based upon tort---Jurisdiction of Banking Court---Scope---Banking Court had no jurisdiction to try such suit. Abdul Rehman Allana v. The Citi Bank 2003 CLD Karachi 1843 and Nasimuddin Siddiqui and another v. United Bank Limited and others 1998 CLC 1718 rel. ORDER The controversy involved in the matter pertains to the jurisdiction of Court which are enumerated as under: (i) Whether there exists relationship of customer and banker between the parties? (ii) Whether the Banking Court has no jurisdiction to try the case? The controversy has arisen as the appellant had obtained a credit card No.4941-2200-2813-706 since 2003 with limit of Rs.20,000 a high…

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