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2006 CLD 1569

INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN LTD. vs BLUE STAR HOTEL (PVT.)

Citation2006 CLD 1569
CourtSupreme Court of Pakistan
Case No.Civil Petition No,142 of 2006 Petition No,142 of 2006 E.F.A. No,3 of 2002
Date2006-08-07
Judge(s)Javaid Iqbal, Karamat Nazir Bhandari
ResultLeave granted

ORDER

1. ' Heard Khawaja Muhammad Farooq, learned Senior Advocate Supreme Court on behalf of petitioner, Malik Shahzad Ahmed, learned Advocate Supreme Court for respondent, scanned the entire record with their eminent assistance and perused the judgment impugned with care and caution. We are inclined to grant leave, inter alia, on the following points:--

(i) Whether the terms and conditions as - enumerated in Circular No,19 issued by the State -Bank of Pakistan have been misinterpreted and misconstrued by the learned Division Bench of the Lahore High Court, Rawalpindi Bench? '

(ii) Whether any amendment, deletion, insertion, addition or extension in the stipulated period mentioned in Circular No,19 issued by the State Bank of Pakistan could have been made by the learned Division Bench?

(iii) Whether the package dated 15-2-1999 was given to the respondents pursuant to Circular No,19 issued by the State Bank of Pakistan and any further relief under the said circular could have been given by the learned Division Bench after the expiry of the circular when it was no more in existence?

(iv) Whether Circular No,19 issued by the State Bank of Pakistan could have changed or modified the decree passed in tune of Rs,79,06,785.87 on 12-4-2001 by the learned Judge Banking Court vide judgment/ decree dated 24-11-1998, which had attained finality?

2. ' This appeal may be fixed at some early date and till disposal of this appeal operation of the judgment impugned shall remain suspended.

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