2009 PLP 1141 (CLD)

Mr. Kashif Hanif, Advocate files his Vakalatnama for the NIB Bank/respondents. The same is taken on the record. Mr. Rizwan Ahmad Siddiqui, learned D.A.G has appeared on Court motion notice and has argued that loan/ advances having been granted to innumerable applicants of such nature, are proving themselves as defaulters and are not repaying any instalment towards the loan amount, otherwise payable in accordance with the schedule 'prepared by the Bank and agreed upon by the respective loanees. The documents filed by the petitioner indicate that, in accordance with repayment schedule, the first amount of instalment was payable on 2nd October, 2007 and the last payment was to be made on 2nd July, 2008. For such monthly instalments, the counsel for the petitioner has argued that eight (8) instalments have been paid by the petitioner whereas amounts towards two instalments remain to be paid by the petitioner. Learned counsel for the Bank as well as learned D.A.-G have argued that the relevant provisions of law demand that as soon as the default occurred, the F.I.R. could have been got registered by the Bank with the F.I.A., but even then the same has not been got so registered, only for the purpose that the Bank is interested only in receiving the amount of repayment of the loan and that they have got no intention to create any harassment to the petitioner. Both learned counsel further state at the bar that even at this stage, the Bank authorities would not take any action against the petitioner if he makes payment of the instalments due towards the loan amount. The petition is hereby disposed of with directions to the respondents that no undue harassment shall be created against the petitioner and that if any action according to law is needed, they shall be at liberty to do so. Learned D.A.-G, at this stage, with reference to the experience in the other petitions of the like nature, argues that in case the petitioner manages to keep himself concealed, the Bank authorities will be put to unnecessary trouble of putting in efforts to search him out, for the purpose of legal action against him. Needless to' state that no presumption is to be drawn against the future intention of any person/defaulter, nor the competent authority shall be debarred from filing the legal proceedings even at this moment. S.A.K./A-69/K Order accordingly.