2003 PLP 845 (MLD)

Art.199

Constitutional petition

Grievance of petitioner was that he, despite having paid the whole amount of loan and interest to the Finance Corporation, said Corporation had proceeded against him by taking coercive mode of recovery

Petitioner had submitted that he should be provided an opportunity of settlement of accounts with the Corporation and if after rendition of accounts some amount stood due against him he would make payment of the same strictly in accordance with law

Corporation had no objection if the petitioner approached the Corporation for rendition of accounts

Constitutional petition was disposed of with the direction that petitioner would approach the Corporation with written application within specified period and Corporation, if approached would make rendition of accounts and supply a copy of the statement of accounts to the petitioner and if some amount was found outstanding against the petitioner, he would deposit the same and no coercive mode of recovery would be adopted by the Corporation against the petitioner till the specified date. Jamshed Akhtar Khokhar for Petitioner. M. Shamsher Iqbal Chughtai for Respondents. The petitioner has availed of the Financial Facility from the respondents to the tune of Rs.67,000 for the construction of a house. The grievance of the petitioner is that he had already paid the whole loan amount as well as interest but in spite of that the respondents have proceeded against him by taking coercive mode of recovery.

2. The learned counsel for .the petitioner submits that the petitioner be provided an opportunity of settlement of account with the respondents and if after rendition of account, some amount stands due, he will make payment of the same strictly in accordance with law.

3. The learned counsel for the respondents submits that the respondents have no objection, if the petitioner approaches the respondents for rendition of account.

4. In this view of the matter, this writ petition is disposed of with the direction that the petitioner will approach the respondent No.1 with the written application containing the contentions raised here in this petition within a period of 15 days i.e. 2-1,0-2002 and the said respondents if approached, will make rendition of account with the petitioner and supply a copy of the statement of account to him and if some amount is found outstanding against the petitioner, he will deposit the same and the petitioner if still feels dissatisfied, he may avail of the alternate remedy available to him under the law. However, no coercive, mode of recovery shall be adopted against the petitioner till the said date and after the expiry of the said date, this injunctive order shall cease to have its legal effect. H.B.T./M-1716/L Order accordingly.