' The respondent-Bank brought a suit against the appellant for the recovery of an amount of Rs,1,65,293, which was decreed by the learned Banking Court to the tune of Rs,1,48,647. However, the said decree was challenged by the appellant through a constitutional petition, which was accepted by this Court and the case was remanded with certain directions. Again the decree for a sum of Rs,55,250 was passed by the learned Banking Court on 13-2-2002. The appellant challenged the above decree in R.F.A. No,448 of 2002, which was accepted and it was held that "we have no option but to set aside the impugned judgment and decree dated 13-2-2002, and remand the case to the learned Banking Court to follow the order dated 13-11-2002 of this Court in Writ Petition No,9124 of 1999 in its letter and spirit, considering it to be an order for resolving the proposition in the execution proceedings and in terms of section 47 of the C.P.C." Thereafter, the learned Banking Court, through the impugned order dated 1-6-2004 has found that the appellant is liable to pay a sum of Rs,58,099, hence the present appeal.
2. It is contended by the learned counsel for the appellant that the appellant was entitled to certain incentive schemes, which the respondent-Bank was bound to give, but the same have not been given to the appellant. Reliance in this behalf has been placed upon the judgments reported as Messrs Dadabhoy Cement Industries Limited and others v. Messrs National Development Finance Corporation 2002 CLC 166 and Syed Manzoor Hussain v. ADBP and another 2005 CLD 183. It is further argued that the Court below has failed to follow the orders of this Court dated 13-11-2001, passed in Writ Petition No,9124 of 1999 and also dated 17-12-2002 passed in R.F.A. No,448 of 2002.
3. We have heard the learned counsel for the parties and find that none of the incentive schemes, as alleged by the learned counsel for the appellant, was applicable, the benefit of which should have been given to the appellant. In the facts and circumstances of the case, the learned Court below, while passing the impugned order, has strictly construed and passed the order in terms of both the orders passed by this Court and there is no misapplication or disregard of the orders the appeal thus, has no merits and is hereby dismissed.