2009 PLP 353 (CLD)
PICIC COMMERCIAL BANK LTD. — Plaintiff Versus ABBAS ALI KHAN KAIMKHANI — Defendant
| Citation | 2009 PLP 353 (CLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | PICIC COMMERCIAL BANK LTD. — Plaintiff Versus ABBAS ALI KHAN KAIMKHANI — Defendant |
Q1: What are the key laws and sections cited in 2009 PLP 353 (CLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 353 (CLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 353 (CLD) (PICIC COMMERCIAL BANK LTD. — Plaintiff Versus ABBAS ALI KHAN KAIMKHANI — Defendant). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Ss. 10 & 9
Suit for recovery of loan by Bank
Application for leave to defend the suit by the defendant
High Court, in circumstances, while dismissing the application for leave to defend the suit, appointed a firm of Chartered Accountants as Commissioner to examine the books of accounts of the parties and to determine the outstanding amounts, which the defendants had to pay towards the loan availed by them from the plaintiff/Bank
Commissioner firm was given specific directions by High Court; for examination of books of accounts of the parties in that behalf within specified period.
Judgment & Decree
AMIR HANI MUSLIM, J.
By consent the following order is passed:-- Messrs Adil Yousuf & Co. Chartered Accountant Firm is appointed as Commissioner to examine the books of accounts of the parties and to determine the outstanding amounts, which the defendants have to pay towards the loan availed by them from the plaintiff. The Chartered Accountant firm shall also determine whether the loan claimed to have been availed by the plaintiffs were actually disbursed. The Commissioner will examine the amounts, which the defendant has repaid to the plaintiff. The statement of account filed by the Bank shall also be examined by the Commissioner in order to find out as to whether the plaintiff has calculated the mark-up on the accounts in accordance with the Banking Rules. This whole exercise shall be completed by the Commissioner within one month from the date of communication of the order. The parties shall get in touch with the Commissioner and shall supply their books of accounts for their scrutiny. The fee of the Commissioner/Chartered Accountant is tentatively fixed at Rs. 100,000 (Rupees one hundred thousand only) to be shared equally by both the parties. The parties shall pay the fee of the Commissioner directly. The leave to defend application may by the defendant is dismissed. The Commissioner shall submit their report, which will firm part of the decree. The fate of the present proceedings will decide the fate of Suit No.B-32 of 2007 filed by the defendant against the plaintiff on the common issues involved herein. M.B.A./P-49/K Order accordingl