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ACT XV OF 1991 ACT XV OF 1997 BANKING COMPANIES (RECOVERY OF LOANS, ADVANCES, CREDITS AND FINANCES) ACT, 1997 An Act to repeal, and with certain modifications to consolidate and re‑enact the Banking Companies (Recover, of Loans) Ordinance, 1979 and the Banking Tribunals Ordinance, 1984 [Gazette of Pakistan, Extraordinary, Part I, 2nd June, 19971 No.F.9(19)/97‑Legis., dated 2‑6‑1997.‑‑The following Act of Majlis‑e 3hoora (Parliament) received the assent of the President on the 31st May, 1997 s hereby published for general information: Whereas it is expedient further to repeal and with certain modifications to consolidate and re‑enact the Banking Companies (Recovery of Loans) Ordinance, 1979 (XIX of 19,79) and the Banking Tribunals Ordinance, 1984 (LVIII of 1984); It is hereby enacted as under:‑‑ 11. Interim decree.‑‑(1) If the Banking Court on a consideration of the contents of the plaint, the application of the defendant and the reply thereto, is of the opinion that the dispute between the parties does not extend to the whole of the claim, or that part of the claim is either undisputed, or is clearly due, or that the dispute is mainly limited to the rate of interest or mark‑up, or the period for which interest or mark‑up is payable, or if mark‑up on mark‑up has been charged, or as to a part of the principal amount, it shall, at the time of disposing of the application for leave to defend pass an interim decree in respect of that part of the claim which appears to be payable by the defendant to the plaintiff. (2) The interim decree passed under subsection (6) shall, for all purposes including appeal and execution, be deemed to be a decree passed under this Act, and any amount covered thereby or recovered in execution thereof shall be adjusted at the time of the final decree: Provided that it shall be open to the Banking Court to modify, in part or in whole, or reverse, the terms of the interim decree at the time of the final disposal of the suit and pass such order as it may deem just and proper'.