Mst. Sufia Tabbasum (Petitioner) VS Habib Metropolitan Bank Ltd & Ors (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No. D – 1664 of 2024

Date Order with signature of Judge

FRESH CASE

1.For orders on Misc. No. 7608/2024.

2.For orders on office objection No. 01.

3.For orders on Misc. No. 7609/2024.

4.For hearing of Main Case.

5.For orders on Misc. No. 7610/2024.

Mr. Matloob Hussain Qureshi, advocate for the petitioner.

1-4. After arguing the matter at some length and while confronted as to maintainability of instant petition, as prima facie, the matter pertains to a dispute between the customer and the financial institution, learned counsel for the petitioner could not submit any reasonable explanation except stated that since the petitioner has already approached the Banking Ombudsman and has written to the State Bank of Pakistan, who are not responded so far, therefore, petitioner has approached this Court under Article 199 of the Constitution.

We are of the view that this cannot be a valid ground to bypass the available forum under subject law, whereas, in the instant case, the petitioner can approached the Banking Court in terms of Section 9 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 for redressal of her grievance.

Accordingly, instant petition being misconceived, is dismissed in limine alongwith listed applications. However, petitioner will be at liberty to approach the relevant forum as may be available to the petitioner for redressal of her grievance, in accordance with law.

CHIEF JUSTICE

JUDGE

A.S.