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Petitioner: MUHAMMAD YASIN VS Respondent: ALLIED BANK OF PAKISTAN LTD. through Zonal Chief JUDGMENT
Court Name: Lahore High Court Judge(s): Mian Hamid Farooq Title:MUHAMMAD YASIN vs ALLIED BANK OF PAKISTAN LTD. through Zonal Chief
JUDGMENT
Reported As: 2005 CLD 1662 Result: Petition dismissed. Judgment JUDGMENT The petitioner has filed the present Constitutional petition with the following prayer:-- "It is, therefore, respectfully prayed that the instant writ petition may kindly be accepted and the respondent No.3 be directed to return the sale-deed of the petitioner as mentioned in the writ petition immediately." 2. Upon the examination of the contents of the present petition, I find that the petitioner has raised factual controversy, which cannot be undertaken by this Court, in exercise of its Constitutional jurisdiction. I feel that the appropriate forum for the redressal of the grievance of the petitioner, is the Court of plenary jurisdiction, which is competent to resolve factual controversy, after calling upon the parties to prove their respective claims, after recording the evidence. 3. In addition to that, the petitioner is, admittedly a `customer', therefore, he can file a suit for the redressal of his alleged grievance before the learned Banking Court under section 9 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, thus, an efficacious and adequate remedy is available to the petitioner. The present petition is hit by Article 199(1) of the Constitution of Islamic . Republic of Pakistan, 1973, therefore, not competent. 4. Upshot of the above discussion is that the present petition is incompetent and not maintainable, thus, dismissed leaving the parties to bear their own costs.