2012 PLP 451 (CLD)
UNION BANK LIMITED through Manager and another — Petitioners Versus MUHAMMAD ASLAM FIAZ KHOKHAR and another — Respondents
| Citation | 2012 PLP 451 (CLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | UNION BANK LIMITED through Manager and another — Petitioners Versus MUHAMMAD ASLAM FIAZ KHOKHAR and another — Respondents |
| Primary Law | Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) |
Q1: What are the key laws and sections cited in 2012 PLP 451 (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 2012 PLP 451 (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: 2012 PLP 451 (CLD) (UNION BANK LIMITED through Manager and another — Petitioners Versus MUHAMMAD ASLAM FIAZ KHOKHAR and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Tahir Maqsood for Petitioners.
- Rana Zulfiqar Ali Khan with Miss Khaldia Perveen for Respondent No.1.
Headnotes / Summary
S. 11
Specific Relief Act (I of 1877), S. 55
Contract Act (IX of 1872), S. 171
Constitution of Pakistan, Art. 199
Constitutional petition
Suit for rendition of accounts, mandatory and permanent injunction
Petitioner bank repossessed vehicle of respondent on non-payment of monthly instalments on lease of vehicle and credit card facility
Banking Court, on application for interim relief in suit filed by respondent, directed restoration of vehicle in favour of respondent
Contention of petitioner-Bank was that substantial payment was due from the respondent on credit card facility and that the petitioner Bank had a general banker's lien on the car
Perusal of order of Banking Court revealed that the question of general banker's lien on credit card liability had not been taken into account or decided
Nature of such lien would depend not only upon the provision of the law applicable but also upon documents executed by the respondent in respect of credit card facility
Grant of interim relief was to be reconsidered after taking into account the rights and obligations of the parties in respect of vehicle in question not only with reference to the documents executed for the lease of vehicle but also with regard to the credit card facility
Order of Banking Court was set aside and case was remanded for decision afresh on application for interim relief
Constitutional petition was accepted, accordingly.
Judgment & Decree
SH. AZMAT SAEED, J.
This Writ Petition is directed against the order dated 13-1-2005 passed by respondent No.l. The brief facts giving rise to the filing of this petition are that respondent No.1 filed a suit before the respondent No.2 for rendition of accounts and mandatory and permanent injunction seeking restoration of the vehicle repossessed by the petitioner bank.
2. A Honda Civic motor car had been leased in favour of the respondent No.l in addition to the facility of credit card by the petitioner hank. On account of the non-payment of amount due under the credit card and the alleged failure to pay the monthly installments of the leased car, the vehicle in question was re-possessed. Being aggrieved, the respondent No.1 filed a suit along with an application seeking, interim relief and the learned Judge of the Banking Court Gujranwala directed that the vehicle in question be restored to the respondent No.1.
3. The learned counsel for the parties have been heard and the record appened with this petition perused.
4. It has been contended on behalf of the respondent No.1 that at the time of the repossession of the questioned vehicle, no default had taken place in the lease payment, which has been controverted by the learned counsel for the petitioner-bank who states that substantial amount is also due from respondent No.1 on account of the credit card payment and the petitioner bank has a general bankers lien on the car.
5. Perusal of the order impugned reveals that the question of the general bankers lien, if any, of the petitioner bank in respect of the car on account of the credit card liability has not been taken into account or decided. The nature of this lien would depend not only upon the provision of law applicable but also upon the documents executed by the respondent No.1 in respect of the credit card facility. It would thus be appropriate if the grant of interim relief be reconsidered after taking into account the rights and obligation of the parties in respect of the vehicle in question not only with reference to the documents executed for the lease of the vehicle but also with regard to the credit card. Thus by setting aside the order impugned, case is remanded to the learned Judge Banking Court Gujranwala to decide he application afresh after taking into account all the documents executed by respondent No.2 for both the financial facilities of the car and the credit card, and the law applicable thereto.
6. Petition accepted and case remanded in the terms enumerated ibid. K.M.Z./U-5/L Case remanded.