2004 PLP 830 (CLD)
AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN through Branch Manager‑‑‑Appellant Versus PERVEZ AKHTAR HUSSAIN ‑‑‑Respondent
| Citation | 2004 PLP 830 (CLD) |
| Forum / Court | Lahore |
| Bench Members | Syed Zahid Hussain and Abdul Shakoor Paracha, JJ |
| Parties | AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN through Branch Manager‑‑‑Appellant Versus PERVEZ AKHTAR HUSSAIN ‑‑‑Respondent |
| Primary Law | Banking Tribunals Ordinance (LVIII of 1984)‑‑‑ |
Q1: What are the key laws and sections cited in 2004 PLP 830 (CLD)?
This judgment primarily cites: Banking Tribunals Ordinance (LVIII of 1984)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 830 (CLD)?
The case was heard and decided by the Lahore bench comprising: Syed Zahid Hussain and Abdul Shakoor Paracha, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 830 (CLD) (AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN through Branch Manager‑‑‑Appellant Versus PERVEZ AKHTAR HUSSAIN ‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Nasir Mehmood for Appellant
- Nemo for Respondent.
- Date of hearing: 6th March, 2003.
Headnotes / Summary
‑‑‑‑S8.6 & 9‑‑‑Suit for recovery of loan amount with liquidated damages‑‑‑Plea of defendant was that entire liability had been cleared, and he produced letter of Manager of plaintiff‑Bank, who had admitted therein that defendant had paid all liabilities except liquidated damages‑‑‑Banking Tribunal disposed of suit as having been adjusted‑‑‑Validity‑‑‑ Banking Tribunal had not found any trial or further proceedings in suit necessary in view of such admission as to clearance of liability‑‑‑ Banking Tribunal had exercised discretion on sound principles in declining claim of liquidated damages‑‑‑High Court dismissed appeal. Habib Bank Limited v. Messrs Farooq Compost Fertilizer Corporation Ltd. and 4 others 1993 MLD 1571; Allied Bank of Pakistan Limited, Faisalabad v. Messrs Asisha Garments through Proprietor and 2 others 2001 MLD 1955; Saudi‑Pak Industrial and Agricultural Investment Company (Pvt.) Limited, Islamabad v. Mohib Textile Mills Limited Lahore and 3 others 2002 CLD 1170 and National Development Finance Corporation v. Messrs Millrock Quarring (Pvt.) Ltd. and 7 others 2002 CLD 1382 rel.
Judgment & Decree
2. It is contended by the learned counsel for the appellant that the learned Tribunal failed to determine and decide the case according to the pleadings of the parties and that the liquidated damages ought to have been granted.
3. The learned counsel for the appellant has been heard and record perused with his assistance. A loan facility of Rs.1,59,200 was extended to the respondent- defendant by the appellant‑Bank. It was the case of the respondent that the entire liability had been cleared before the filing of the suit. A letter issued by the Manager of Bhagtanwala Branch of the plaintiff‑Bank, wherein it was admitted that the defendant had paid all liabilities except the liquidated damages, was produced before the Banking Tribunal and was relied upon by him for arriving at the conclusion that the liabilities stood cleared and adjusted. The said letter is reproduced as under:‑‑ "It is to inform that we have recovered all the Bank dues alongwith legal charges except 20% Liquidation Damages, Decree Execution Fee, from Lt. Col. Parvez Akhtar Hussain son of Ch. Ghulam Hussain Caste Warraich Resident of 82‑SB Tehsil and District Sargodha. Detail of Bank dues which have been recovered from him is as under:‑‑ (1) Principal Amount. (2) Up to date return (Interest) (3) Court‑Fee (4) Legal Fee (5) Press Charges It is certified that nothing is outstanding against him regarding Bank dues except 20% Liquidation Damages 8v Decree Execution Fee." The said letter is No.BHG/95/B.T. Case/3730 dated 28‑2‑1995. In view of such an admission as to the clearance of the liability, no trial or further proceedings in the suit were considered necessary by the learned Chairman, Banking Tribunal.
4. Insofar as the refusal to grant liquidated damages is concerned, we consider that the discretion in declining such a claim was exercised by the learned Tribunal on sound principles attracted to such circumstances of the case. Reference in this context may be made to Habib Bank Ltd. v. Messrs Farooq Compost Fertilizer Corporation Ltd. and 4 others 1993 MLD 1571; Allied Bank of Pakistan Limited, Faisalabad v. Messrs Asisha Garments through Proprietor and 2 others 2001 MLD 1955; Saudi‑Pak Industrial and Agricultural Investment Company (Pvt.) Limited, Islamabad v. Mohib Textile Mills Limited Lahore and 3 others 2002 CLD 1170 and National Development Finance Corporation v. Messrs Millrock Quarring (Pvt.) Ltd. and 7 others 2002 CLD 1382. As a result of the above, we find no valid justification to interfere with the impugned judgment. The appeal is, accordingly, dismissed. No order as to costs. S.A.K./A‑756/L Appeal dismissed.