2007 PLP 1352 (CLD)
SHAUKAT ALI — Petitioner Versus STATE BANK OF PAKISTAN and 2others — Respondents
| Citation | 2007 PLP 1352 (CLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SHAUKAT ALI — Petitioner Versus STATE BANK OF PAKISTAN and 2others — Respondents |
| Primary Law | Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) |
Q1: What are the key laws and sections cited in 2007 PLP 1352 (CLD)?
This judgment primarily cites: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1352 (CLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1352 (CLD) (SHAUKAT ALI — Petitioner Versus STATE BANK OF PAKISTAN and 2others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kh. Waseem Abbas for Petitioner.
- Mian Asghar Ali for Respondents.
Headnotes / Summary
Ss. 9 & 2(d)(e)
Constitution of Pakistan (1973), Art, 199
Constitutional petition--Alternate remedy, availability of
Car financing
Default in payment of instalments
Confiscation of car by Bank
Contentions of respondent Bank were that petitioner had alternate remedy available by way of filing a civil suit before the Banking Court; that High Court had no jurisdiction to deal with the matter and petition was liable to be dismissed anal that there was factual controversy in the case, as matter was not only qua the payment of some instalments
Petitioner's contention was that there was no factual controversy and case was a simple matter of payment of four instalments, which were dire against the petitioner, which he was ready to pay instantly
Held, as far as filing of suit before the Banking Court was concerned, it would take years and years and the car, which had been taken into custody by the Bank, would be damaged
Petitioner being ready to pay outstanding instalments to the Bank, no factual controversy was involved in the case, there/ore, petitioner was directed by the High Court to pay four outstanding instalments to the Bank within two days and the Bank thereafter would release the car forthwith to the petitioner and in future if any default was made in payment of instalments by the petitioner, the Bank would have a right to confiscate the car.
Judgment & Decree
KHAWAJA MUHAMMAD SHARIF, J.
Learned Counsel for the respondents submits that alternate remedy is available to i:he petitioner by way of filing a civil suit before the learned Banking Court. He has referred to sections 9, 2(d) and 2(e) of Financial Institutions (Recovery of Finances) Ordinance, 2001, and relies upon 2004 CLD 257 (Karachi) and 2005 CLD 1662 (Lahore). Further submits that this Court has no jurisdiction to deal with the matter and this petition should be dismissed; that there is factual controversy in this case, as the matter is not only qua payment of some instalments.
2. On the other hand, learned counsel for the petitioner submits that there is no factual controversy and it is a simple matter of payment of four instalments, which are due against the petitioner, which he is ready to pay today. He relies upon Muhammad Aslam v. Senior Member (Colonies) Board of Revenue, Punjab and others 2004 SCMR 1587.
3. Learned Additional A.-G. supports the contentions of learned counsel for the petitioner.
4. I have heard the learned counsel for the parties and have gone through the record. As far as filling of suit before the learned Banking Court is concerned, it would take years and years and the car, which has been taken into custody by the respondents, would be damaged. The petitioner is ready to pay outstanding instalments to the Bank. No factual controversy is involved in this case, therefore, the petitioner is directed to pay four outstanding instalments to the Bank within two days and the Bank thereafter would release the car forthwith to the petitioner. It is made clear that in case in future any default is made in payment of instalments by the petitioner, the Bank has a right to confiscate the car. This petition stands disposed of in the above terms. M.B.A./S-133/L Order accordingly.