' SH. RIAZ AHMED, J.---The State Bank of Pakistan seeks leave to appeal against the judgment and, order dated 18-3-1998 delivered by a Division Bench of the Lahore High. Court whereby Intra-Court Appeal filed by the petitioner was dismissed and the order of the learned Single Judge in Writ Petition No,16208 of 1996 was maintained.
2. The facts in brief giving rise to the institution of this petition are that on 15-8-1996 the respondent No,1 lodged a claim that the petitioner bank alleging that 10 foreign currency bearer certificates of the value of 10,000 Sterling Pounds each, which he had purchased in the year 1995, had been destroyed and therefore, duplicates of the said certificates be issued to him and profit for the intervening period be also paid to him. The respondent also annexed copy of the F.I.R. Alongwith the claim The petitioner bank refused to issue the said certificates because under the rules governing the foreign exchange bearer certificates duplicates could not be issued. The said refusal was then challenged by the respondent through a writ petition, which was allowed and an Intra-Court Appeal against the said order was dismissed vide orders impugned.
3. After hearing the learned counsel for the petitioner at some length, we are of the view that in this case for determination, inter alia, of the following questions, leave should be granted:--
(i) Whether the High Court rightly held rule 11 to be ultra vires of section 11 of the Public Debts Act, 1944?
(ii) What is the nature of a foreign currency bearer certificate? Can it be equated with a bond as held by the High Court?
(iii) Whether the foreign currency bearer certificates are governed by para. (iii) of section 2(a) of the Public Debts Act, 1944?
(iv) Whether rule 14 of the Rules of 1946 and section 11(1) of the Public Debts Act are attracted to the facts and circumstances of this case or section 11(1-A) would govern the situation?
(v) Whether in exercise of Constitutional jurisdiction, the High Court could give finding as to the genuineness of the claim of the respondent?
Order accordingly. The appeal shall be heard at an early date.