SYED ZAHID HUSSAIN, J.---By judgment dated 6-6-1996 the Chairman Banking Tribunal-II, Faisalabad, had ordered the return of plaint being premature, which has been assailed through this first appeal.
2. The learned counsel have been heard. In view of the judgment of Full Bench of this Court in Messrs Chenab Cement Product (Pvt.) Ltd. and others v. Banking Tribunal, Lahore and other PLD 1996 Lahore 672 and Syed Farasat Ali. Shah v. Allied Bank of Pakistan Limited 2002 CLD 759 and unreported judgment in R.F.As. Nos.42 and 133 of 1997, the judgment of Banking Tribunal is not sustainable. The Tribunal and the law under which it was functioning has ceased to be operative and presently the Banking Courts are now functioning under the prevailing law. Let the appellant make a move before the learned Banking Court for proceedings in the suit, which shall be heard and decided by it in accordance with law.
3. The learned counsel for the respondent has made a request for a direction to the Bank for the supply of documents so that the respondent could make payment in accordance with the agreement. Since the matter is to be heard and decided by the Banking Court, the respondent- defendant may make such request before that Court. which undoubtedly will consider the same in accordance with law.
The appeal is disposed of accordingly with no order as to costs.