836/2012 Suit KHURRAM NASEEMUDDIN (Plaintiff) V/S FEDERATION OF PAKISTAN & OTHERS (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 21-NOV-13
Specific Relief Act (I of 1877)--- ----Ss.42, 54, 56 (d) & (e)---Federal Investigation Agency Act, 1974 (VIII of 1975), S.5---Suit for declaration and injunction---Criminal investigation---Refusal of injunction---Plaintiff assailed notices issued by Federal Investigation Agency (FIA) to Habib Bank Limited in furtherance of inquiry that certain immovable properties of someone had been fraudulently offered by two persons to various banks for obtaining loans against said properties in favour of plaintiffs company---Validity---Defendants were officers of FIA established under Federal Investigation Agency Act, 1974 and were fully competent to inquire into fraud committed by different persons in obtaining loans from banking institutions---One of the defendants was posted in commercial banks circle and it was within the purview of his duty to inquire into and investigate complaint registered, numbered and marked to him in terms of S.5 of Federal Investigation Agency Act, 1974---Remedy was quashment, if made out and not simple declaration and decree prohibiting public functionaries from performing their duties within the four corners of law---Suit was dismissed in circumstances. Mian Hamza Shahbaz Sharif v. Federation of Pakistan and others 1999 PCr.LJ 1584; Messrs K.G. Traders and others v. Deputy Collector of Customs and 4 others PLD 1997 Kar. 541; Assistant Director Intelligence and Investigation, Karachi v. Messrs B.R. Herman and others PLD 1992 SC 485; Shahzad Ahmed Corporation v. Federation of Pakistan and others 2005 PTD 23 and 2005 PTD (Trib) 135 distinguished.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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