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2005 CLD 1633

AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN through Manager vs

Citation2005 CLD 1633
CourtLahore High Court
Judge(s)Sayed Zahid Hussain, Abdul Shakoor Paracha
ResultAppeal dismissed.

SYED ZAHID HUSSAIN, J.---A suit for recovery of amount of Rs.7,07,320, instituted by the appellant- Bank was decreed by the learned Banking Tribunal, Faisalabad to the extent of Rs.5,88,313. This is appeal by plaintiff-Bank that the decree should have been for the whole of the suit amount.

2. We have heard the learned counsel for the appellant and perused the record with his assistance.

Statedly the facility extended to the respondent was for a sum of Rs.4,52,000. He had paid a certain amount i.e. Rs.70,000. By adjusting the same, the learned Chairman Banking Tribunal, Faisalabad, proceeded to decree the suit accordingly for sum of Rs.5,18,313 and declined to decree insurance charges and claim for liquidated damages. It was found by him that there was nothing brought on the file to prove insurance cover/claim. The discretion so exercised by him hardly calls for interference by us. Even otherwise law as to liquidated damages is quite settled vide Habib Bank Ltd. v. Messrs Farooq Compost Fertilizer Corporation Ltd. and 4 others 1993 M LD 1571; Allied Bank of Pakistan Limited Faisalabad v. Messrs Aisha Garments through Proprietor and 2 others 2001 M LD 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. It has been stated before us that the decree stand finally satisfied and executed.

In view of the above, we find no merit in this appeal, which is dismissed accordingly. No order as to costs.

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