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2011 SCMR 892

HABIB BANK LTD . vs RAMAN ALI HEMANI and another

Petitioner: HABIB BANK LTD . VS Respondent: RAMAN ALI HEMANI and another

Court: Supreme Court of Pakistan Decision Date: 2009-07-01

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Ghulam Rabbani, Muhammad Moosa K. Laghari Title: HABIB BANK LTD . vs RAMAN ALI HEMANI and another Case No.: Civil Petition No, 434-K of 2009 Date of Judgment:2009-07-01 Reported As: 2011 SCMR 892 Result: Leave granted

Judgment ORDER GHULAM RABBANI, J.---It is submitted that pursuant to notification dated 26-2-2004, the petitioner/Bank was privatized and the control of the petitioner/Bank was transferred to a private entity. The Constitutional Petition by respondent No, 1 was filed on or about 25-11-2008, seeking the payment of service dues, to which the respondent No, 1 was not entitled. 2. It is contended that since the petitioner/Bank was already privatized as back as in the year 2004 thus it was not amenable to writ jurisdiction of the High Court as contemplated under Article 199 of the A Constitution of Islamic Republic of Pakistan and that the Constitutional Petition against the petitioner was not maintainable. 3. After hearing the learned counsel for the petitioner, we are persuaded to grant leave to consider the above point of law. The matter to be decided on the available record, however, the parties shall be at liberty to file additional documents within one month. 4. Subject to notice to the respondents, the operation of the impugned judgment shall remain suspended till next date of hearing.

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