2005 PLP 1539 (CLD)
ZARI TARAQIATI BANK LTD. through Manager — Appellant Versus Syed NUSRAT ALI SHAH and others — Respondents
| Citation | 2005 PLP 1539 (CLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ZARI TARAQIATI BANK LTD. through Manager — Appellant Versus Syed NUSRAT ALI SHAH and others — Respondents |
| Primary Law | Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) |
Q1: What are the key laws and sections cited in 2005 PLP 1539 (CLD)?
This judgment primarily cites: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1539 (CLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1539 (CLD) (ZARI TARAQIATI BANK LTD. through Manager — Appellant Versus Syed NUSRAT ALI SHAH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Nusrat Ullah for Respondents.
Headnotes / Summary
Ss. 9, 19 & 22
Mark-up
Claim for
Suit filed by Bank was decreed with mark-up at stipulated rate till realization of decretal amount
Decree passed in favour of Bank appeared to be destitute of factum of mark-up, but appellant had claimed that decree had made a mention of it
Executing Court, had to remain within the periphery of decree and could not go beyond the same
Executing Court could summon record for inspection and ascertaining whether full part of judgment i.e. including portion relating to mark-up had been reflected by Banking Court in its decree sheet and if not, then refrain from taking any further action in the matter confining itself to what was stated in the decree
Case of judgment-debtors was that they had paid the amount reflected in the decree sheet; if that was so then they had fulfilled requirement of decree until decree was amended
Bank should choose to move Banking Tribunal for purposes of amendment in the decree, the judgment-debtors would also have the opportunity of addressing the Court in that connection so that the ends of natural justice were met.
Judgment & Decree
ALI NAWAZ CHOWHAN, J.
This is an E.F.A filed by the Agricultural Development Bank of Pakistan which is now being called as Zari Traqiati Bank. This is against an order passed by the Executing Court dated 8-3-2005.
2. The matter relates to a judgment given by the Chairman Banking Tribunal Faisalabad dated 14-6-1993. This was an ex parte order and being a short one we are reproducing it below in extenso: "Consequently the plaintiffs suit for payment of Rs.40,02,505 is decreed in favour of the plaintiff and against the defendants with cost and mark-up at the stipulated rate till the realization of the decretal amount."
3. After the passage of this order a decree sheet was drawn but it appears that the decree is destitute of the factum of mark-up. But according to the learned counsel for the Bank the decree sheet does make a mention of it.
4. Obviously, the Executing Court has to remain within the periphery of the decree and cannot go beyond the decree. It can summon the record for inspection and ascertaining whether full part of the judgment i.e. including the portion relating to the mark-up has been reflected by the Banking Court in its decree sheet and if not then refrain from taking any further action in the matter while remain confined to what is stated in the decree.
5. In which case the decree-holder will have to go back to the learned Banking Court for purposes of correction of decree and bringing it in consonance with the judgment and until this is done the present respondents cannot be burdened with anything beyond the decree. It is their case before us that they have paid the amount reflected in the decree sheet and if that is so they have then fulfilled the requirement of decree until the decree is amended.
6. In case the bank chooses to move the Banking Tribunal for purposes of amendment in the decree then the judgment-debtor will also have the opportunity of addressing the Court in this connection so that the ends of natural justice were met. With these observations this matter is, therefore, disposed of. H.B.T./Z-98/L Order accordingly.