SPECIMEN FOR THE SUIT OF THE BANKING COURT:

Inside Court Room Picture

The suit for the banking court is a challenging task because the law and procedure are complicated especially for the newcomers. The following draft will help you to file the recovery suit in the banking court. The following case is only a specimen for the suit of the banking court and the facts are exemplary stated to understand the technique of the suit.

Before The Hon’ble Banking Court, ………….(name of the district)

Suit No. __________ of (Year)

Name, parentage and address  

..  ..  Plaintiff

V E R S U S

Name of the Banking Company,

having its Registered Office at 

(Address of the registered office),

and its Branch Office, among others, at

(Address of its concerning branch office).,

through its Branch Manager.

..  ..  Defendant

– – – – – – – – – – – – – – – –

SUIT           UNDER SECTION 9 OF THE FINANCIAL INSTITUTIONS (RECOVERY OF FINANCES) ORDINANCE, 2001, FOR PERMANENT INJUNCTION ALONGWITH OTHER RELIEFS IN TERMS OF THE PRAYER AS CONTAINED IN THE PLAINT.  

Respectfully sheweth:

1.                That correct addresses of the parties have been supplied in the heading of the Plaint which is sufficient for the purposes of service of Notices/Summonses and other allied processes that may be issued by this Hon’ble Court from time to time.

2.                That —————————- the Defendant (hereinafter referred to as the Defendant Bank) is a Banking Company, engaged in the business of, inter alia, providing various loans and financial facility(ies) throughout Pakistan and other countries of the world. Thus, the Defendant Bank falls within the definition of ‘Financial Institution’ in terms of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (hereinafter “the Ordinance, 2001”) and is being sued in this capacity through its Chief Manager in accordance with the law.

3.                That the Plaintiff is a ‘Customer’ of the Defendant Bank, who is filing the present case for the redress of his grievance arising out of the default, committed by the Defendant Bank in fulfillment of its obligations towards the Plaintiff. 

4.                That the Plaintiff is doing a job in a reputable company. The Plaintiff holds a prestigious place in his class/social circle and is well respected among his colleagues.

5.                That the Defendant Bank approached the Plaintiff with an offer of obtaining of Personal Loan facility to the Plaintiff, claiming that the Defendant Bank is a world-renowned and globally acknowledged organization, which provides such Personal Loan on the interest-free banking system. The Defendant Bank further assured the Plaintiff that he will be provided a statement of account on a monthly basis and no hidden or penalty amounts will be charged from him.  

6.                That acting on and believing in the representations made by the Defendant Bank regarding its bona fide competence and willingness to perform its obligations and to honor its commitments towards the Plaintiff, the Plaintiff agreed to obtain a Personal Loan facility bearing Account No. ——————- to the tune of Rs. —————/- from the Defendant Bank.

7.                That at the time of sanctioning of the said Personal Loan facility, the Defendant Bank required the Plaintiff to affix his signatures on certain documents, which were blank regarding the amounts, date, and other ancillary details. Upon protest by the Plaintiff, he was assured that this arrangement is only transitional and has been resorted to in order to expedite the disbursement of the facility amount to him. It was further assured by the Defendant Bank that the documents will be filled at a later stage, in the presence of and with the consent of the Plaintiff.  It is pertinent to point out that the act of the Defendant Bank of obtaining signatures of the Plaintiff on blank documents was in contravention of not only Section 18 of the Ordinance, 2001, but is also against the prevalent banking practices.

8.                That at the time of disbursal, the Plaintiff demanded copies of the documents on which the Plaintiff affixed his signatures. However, the Defendant Bank, on one pretext or the other avoided providing the same to the Plaintiff and assured him that the copies will be provided to him after filling up the blanks in those documents. When the Plaintiff expressed his reservations about the authenticity of the documents, he was told that it is the practice of the Defendant Bank and he will be provided with copies of such documents and detailed Statement of Account in the near future.  

9.                That the Plaintiff has been making payments of all his due installments on due dates according to the Schedule provided to him by the Defendant Bank. However, the Defendant Bank issued only a few receipts acknowledging such payments and the Bank did not provide the Plaintiff with Statement of Account on a monthly basis as promised.  It is once again submitted with respect that the Plaintiff has already paid an amount in excess of what has been originally disbursed to him.

10.              That the Plaintiff had been contacted the Defendant Bank for the statement of account and disbursal and lastly approached the Bank for repayment of the outstanding liability to date, he was asked to make an augmented payment which was in excess of what was agreed. When the Plaintiff protested on such exaggerated charging, he was informed that the rate of ‘Mark-Up’ and ‘certain other charges’, a phrase which was never elaborated by the Defendant Bank has been enhanced as per the Bank’s policy. When the Plaintiff drew his attention to the Payment Schedule provided to him by the Defendant Bank, he was told that it was not a valid document and only contains the mark-up rate on the date of its issuance and that the Plaintiff can not claim charging of mark-up in terms of the Payment Schedule.

11.              That after being dejected by the unprofessional attitude of the Defendant Bank, in stark contravention of its contractual obligations towards the Plaintiff, the Plaintiff once again demanded copies of the facility documents, which was not provided to him under the pretext that the same has been retained in the Head Office. It is also significant to mention that even on this occasion the Defendant Bank did not provide Statement of Account to the Plaintiff.

12.              That the Plaintiff in a disgruntled state contacted the Defendant Bank again and informed them that he does not wish to continue the Bank-Customer relationship with the Defendant Bank. The Plaintiff requested the Defendant Bank to return the said documents and other ancillary documents to him and to ascertain his outstanding liability in respect of the Personal Loan facility, which was partially disbursed to him. However, the Defendant Bank refused to do the same and claimed an amplified rate of mark-up and also demanded from the Plaintiff a heavy amount in the form of penalty charges, if he wishes to discontinue his relations with the Defendant Bank.

13.              That the Plaintiff contacted the Defendant Bank for the determination of his outstanding liability and return of other ancillary documents. However, the Defendant Bank flatly refused to provide the Plaintiff with details of his outstanding dues and rather started pressurizing him to pay the above-mentioned enhanced amount with mark-up charges. The Defendant Bank started and is still using illegal and coercive measures to extract undue money from the Plaintiff, such as continuous visits to his family house and to his workplace as well, which is causing a great deal of trouble and harassment for him.

14.              That the Plaintiff seeks rendition of his account with the Defendant Bank on as well as a permanent injunction, inter alia, the following:

G R O U N D S

A).     That the Defendant Bank has failed to honor its contractual obligations towards the Plaintiff, inasmuch as, it failed to disburse the whole amount of ‘Personal Loan facility’ initially offered to the Plaintiff.

B).      That the Defendant Bank failed to provide any statement of account to the Plaintiff.

C).     That the Defendant Bank is claiming an exaggerated rate of mark-up and is levying other illegal penal charges on the Plaintiff.

15.              That the cause of action arose in favor of the Plaintiff and against the Defendant Bank, firstly, when the Defendant Bank contacted the Plaintiff with an offer to disburse Personal Loan facility, secondly, when the Defendant Bank failed to disburse the whole amount to the Plaintiff, thirdly, when the Defendant Bank failed to issue a statement of account to the Plaintiff, fourthly, when the Defendant Bank started demanding an exaggerated amount of mark-up and other penalties, fifthly, when the Defendant bank started harassing the Plaintiff, and lastly a few days ago when the Defendant Bank flatly refused to render accounts of the Plaintiff, and the cause of action still continues.

16.              That the Defendant Bank has a branch office at Lahore, the Consumer Personal Loan facility was disbursed by the Defendant Bank at Lahore and the Plaintiff was required to make payment to the Defendant Bank at Lahore. Therefore, this Hon’ble Court has the exclusive jurisdiction to adjudicate upon the matter.

17.              That the value of Suit for the purposes of court fee and jurisdiction is fixed at Rs.20/-, which is exempted from the payment of Court Fee.

IN VIEW OF THE FOREGOING FACTS, REASONS, AND CIRCUMSTANCES, the Plaintiff prays for the following reliefs: –

a)       A Judgment & Decree be graciously passed in favor of the Plaintiff and against the Defendant Bank for the rendition of the Plaintiff’s accounts with the Bank.

b)      The Defendant Bank may be directed to provide all the documents relating to the disbursement of the aforementioned Personal Loan facility and also to furnish a complete and certified Statement of Account in respect of the Plaintiff’s account. 

c)       The Defendant Bank be directed to disburse the whole amount of the sanctioned Personal Loan facility.

f)        The Suit of the Plaintiff is decreed with costs along with all expenses incurred and/or to be incurred by the Plaintiff during the pendency of the Suit.

Any other relief which this Hon’ble Court may deem fit and proper be also awarded to the Plaintiff. 

Respectfully presented by:

PLAINTIFF

Through:

(Name of the counsel)

 Advocate————

Address of the office

VERIFICATION:

                   Verified on oath at ___________ this ______ day of __________, (year) that the contents of Paras No.1 to 14 are true and correct to the best of my knowledge and belief and Paras No. 15 to 17 are correct to the best of my information which I believe to be correct and that nothing material has been concealed therein.

PLAINTIFF

This specimen for the suit of the banking court and now will learn how to prepare the stay application, affidavit too.

BEFORE THE JUDGE BANKING COURT (DISTRICT)

Suit No._________________ of (year)

In Re;

                (Plaintiff’s Name)  Vs. (Defendant’s Name)

APPLICATION UNDER ORDER 39 RULE 1 & 2 SECTION 151 OF CIVIL PROCEDURE CODE 1908 FOR INTERIM RELIEF

Respectfully Sheweth:

  1. That the Applicant has filed the title suit before this Honourable Court which is yet to be fixed for hearing.
  • That the contents of the plaint may very kindly be read as an integral part of this application.
  • That the Applicant has a prima facie and good arguable case in his favor and is likely to succeed in every eventuality.
  • That the balance of convenience lies in favor of the Applicant.

          Under the above-mentioned circumstances, it is respectfully prayed that the Respondent may very kindly be restrained from harassing the Plaintiff in any manner whatsoever.


          It is further prayed that the ad-interim injunction may also be awarded.

          Any other relief which this Hon’ble Court deems fit and proper in the circumstances of the case may also be granted to the Applicant.

Applicant

Through

(Name of the Counsel)

Advocate———–

Address of the Office

BEFORE THE JUDGE BANKING COURT (DISTRICT)

Suit No._________________ of (year)

In Re;

(Plaintiff’s Name)  Vs. (Defendant’s Name)

APPLICATION UNDER ORDER 39 RULE 1 & 2 SECTION 151 OF CIVIL PROCEDURE CODE 1908 FOR INTERIM RELIEF

Affidavit of:-

Name, Parentage and address of the Plaintiff.

        I, the above-named deponent, do hereby solemnly affirm and declare that the contents of the accompanying application are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Deponent

Verification;

Verified on oath at ___________ on this __________ day of _______________, (year), that the contents of the above affidavit are true and correct to the best of my knowledge and belief.

Deponent

BEFORE THE JUDGE BANKING COURT (DISTRICT)

Suit No._________________ of (year)

In Re;

(Plaintiff’s Name)  Vs. (Defendant’s Name)

UNDER SECTION 9 OF THE FINANCIAL INSTITUTIONS (RECOVERY OF FINANCES) ORDINANCE, 2001, FOR PERMANENT INJUNCTION ALONGWITH OTHER RELIEFS IN TERMS OF THE PRAYER AS CONTAINED IN THE PLAINT.

INDEX

Sr. No. Description of Documents Page
1. Suit  
3. Fard pata  
4. List of Reliance  
5. Documents under order 13 Rule 1  
6. Stay Application  
7. Affidavit  
8. Waqalatnama  
     

Plaintiff

Through

(Name of the Counsel)

Advocate———–

Address of the Office

This specimen for the suit of the banking court will provide you the complete guideline that how to file the case along with stay application, affidavit, and index table.

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