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SINDH TANNERIES LTD. versus NATIONAL BANK OF PAKISTAN

Sections 9 and 21 Civil Procedure Code (V8 1908), Sections 34B, O XXI, R 23 (2) and O XXIII, R 3 Settlement Order for the Receipt of Suits Debt, Implementation of Inquisition for Settlement of Suits , The settlement agreement was approved under which the plaintiff bank was not entitled to charge markup for the first four months and the defendants / lenders at the rate of 0 45 paise per thousand per day as per the terms of the bank agreement beyond the said period. Is entitled to receive markup on outstanding balance within 12 months from the date of settlement agreement and was responsible for payment of markup amount. Defendant failed to pay the amount. However, the plaintiff's bank filed an application for execution, dismissed by the requesting banking court, filed by the defendants under OXI, R 23 (2), CPC. Plaintiff's borrower filed an appeal against the order claiming that since the decree on the payment of the forthcoming markup was silent, the plaintiff's bank was not entitled to claim it. XXI, R 23 (2) In his petition under Dante Validity Defendant, the CPC had not raised any question about charging the markup, but in the first appeal before the High Court plaintiff It was raised that this point was not raised in relation to the charging. Marking up the petition, the Banking Court did not pass a special order on whether the plaintiff's bank could impose restrictions on the terms of the contract, provided, however, that the defendant should be allowed to the first four. Be responsible for leaving markup payments. Payment to Defendant, for months on outstanding balance for the rest of the period ask a advocate free from Khushal Kot lawyer