MAULVI ANWARUL HAQ, J.---This judgment shall decide R.F.As. Nos.103 to 108 of 2004 as common questions are involved.
2. Before we proceed further we may state here that the learned counsel for the appellant, in the matter of R.F.A. No.105 of 2004, has very candidly conceded that the respondents had made a deposit in accordance with the terms of the State Bank Circular No.19 dated 5-6-1997 and that the appellant had not filed any suit or undertaken any recovery proceedings.
3. The admitted facts of the remaining cases are that the appellants had filed suits for recovery of loan amounts against the respondents in these cases while the respondents had filed suits for injunction against the appellants. The case of the respondents was that in terms of the said State Bank circular they had applied to the Chairman of the appellant-Bank who had allowed the settlement and consequently they were directed to deposit the principal amount + 5% in each case. Admittedly, these amounts were deposited. The learned Judge, Banking Court, consequently dismissed all the suits filed by the appellant-Bank and decreed the suits filed by the respondents in these cases. This was done vide judgments and decrees d dated 15-7-1999.
4. Learned counsel for the appellant contends that the Chairman, A.D.B.P., had no jurisdiction in the matter inasmuch as the loans did not qualify for the said relief. According to the learned counsel only seven years old loan could be settled in the said manner. Learned counsel for the respondents, on the other hand, argue that all the loans, are seven years old.
5. We have gone through the records. We find that the said Circular No.19 was issued on 26-11-1997.
The dates of disbursement of the loan amounts are as follows:--
(i) R.F.A. No.103 of 2004
(ii) R.F.A. No.104 of 2004
(iii) R.F.A. No.105 of 2004
(iv) R.F.A. No.106 of 2004
(v) R.F.A. No.107 of 2004
(vi) R.F.A. No.108 of 2004 26-1-1987 2-8-1988 8-12-1984 27-4-1989 27-4-1989 26-1-1987
6. There is no dispute that the period of seven years is to be counted from the said dates of disbursements. It is a matter of simple arithmetic that all the loans were seven years old on 5-6- 1997. No other point has been urged. All these R.F.As. are accordingly dismissed without any orders as to costs.
7. The records of the learned Banking Court be remitted back immediately.