Law: Banking Companies Ordinance, 1962

Section: 82

(a) Constitution of Pakistan (1973)---Art. 199-Constitutional petition---Maintainability---Petitioner had sought registration of case and holding an inquiry by F.I.A. against the respondents, who had allegedly prepared fictitious Revenue Record and had obtained dummy loans on bogus passbook for their private business---Many alternate, adequate and efficacious remedies were available to petitioner, firstly, by filing a compliant before Banking Ombudsman under S.82 of the Banking Companies Ordinance, 1962; secondly by filing a complaint before the Special Court under the Offences in Respect of Banks (Special Courts) Ordinance, 1984; thirdly by seeking a direction against Deputy Director, F.I.A., respondent under Ss.22-A and 22-B, Cr. P. C. by filing an application before the Justice of Peace and fourthly by filing a suit under the Financial Institutions (Recovery of Finances) Ordinance, 2001---No direction could be passed by High Court for registration of the case or inquiry under its constitutional jurisdiction under Article 199 of the. Constitution, where alternate remedies were available---Admittedly the same matter was sub judice before the Banking Court on the initiation of the petitioner---Constitutional petition, therefore, was neither competent or maintainable, nor the same had merits---Petitioner in order to avoid repayment of his loans appeared to be trying to create to lever to pressurize the respondents---No direction for registration of case could be issued in circumstances by High Court in its extra-ordinary constitutional jurisdiction---Petition was dismissed accordingly. Messrs Royal IPR Security Service (Pvt.) Ltd. v. Muhammad Nayeem and others 2004 YLR 2577; Javed Tariq Khan and another v. Ahmed Raza Khan and 4 others 1999 MLD 3230; Muhammad Akram v. Muhammad Anwar 2002 YLR 3701 and Saeed Ahmed Barry v. The State and 2 others 2007 YLR 2834 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Scope---Availability of alternate remedy---Effect---No direction can be passed by High Court for registration of a case or inquiry in its constitutional jurisdiction under Article 199 of the Constitution, where alternate…

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