2008 PLP 1324 (CLD)

KHILJI ARIF HUSSAIN, J.

Petitioner has filed this petition seeking following relief:-- 'That the act of respondents Nos. 1 and 2 for the purpose of recovery of loan against petitioner vide Credit Card No.41052500-00163870 is illegal and without proper course of law." It appears from the record that Credit Card bearing No.41052500-00163870 for the limit of Rs.330,000 was issued to the petitioner by respondent-Bank. The petitioner used the said Credit Card and defaulted, therefore, the respondent-Bank suspended operation of the said Credit Card. Petitioner claims that he made various payments but the respondent-Bank did not reactivate the Credit Card. Admittedly the petitioner has defaulted in payment of his dues towards Credit Card and now the respondent-Bank vide annexure P to the petitioner claiming payment of Rs.374,

295. The petitioner now alleged malpractice against the respondent-Bank alleging that instead of filing recovery proceedings against the petitioner, employees/servants of respondent-Bank used to visit the house of petitioner and misbehaved. . Admittedly, the petitioner is a defaulter and failed to pay the dues and now by listed petition he is attempting to avoid his liability. If there is any dispute in respect of charging of mark-up or interest over and above the agreement entered between the parties, the petitioner's remedy lies before the Banking Court and/or if there is any malpractice or any violation of banking laws, rules, regulations or guidelines or perverse, arbitrary or discriminatory actions by respondent-Bank, the efficacious remedy is available to petitioner before Banking Mohtasib appointed under section 82 of the Banking Companies Ordinance, who had jurisdiction to look into the complaint of aggrieved person and Constitutional Petition is not an efficacious remedy. The litigation in Court is not only time consuming, but also has adversary effect on business environment. The use of Alternate Dispute Resolution has grown up tremendously in the last few years. In many countries of the world use as a vital tool to preserve business relationships and to provide a speedy, cost effective alternative to litigations. Alternate dispute Resolution has now become an internationally accepted method of disputes resolution. Government of Pakistan has also introduced Alternate Dispute Resolution in Customs, Sales Tax, Income Tax Acts. Section 89-A has also been added in the Code of Civil Procedure, 1908 by Ordinance, XXXIV of 2002. It is thus advised that State Bank of Pakistan to issue instructions to all commercial banks that before approaching the Court, an attempt for resolving dispute through mediation/reconciliation may be made instead of adopting malpractice of sending employee or others, extending threats to customers for recovery of their disputed or undisputed dues. Equitable relief, in exercise of powers under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, cannot be granted in aid of injustice. The petitioner is admittedly a defaulter and is not entitled to equitable relief. Petition is accordingly dismissed in limine. H.B.T./M-158/K Petition dismissed.