1. MAQBOOL BAQAR, J.---Messrs Rahim Iqbal Rafiq and Company, who were appointed Commissioner for examining the accounts in question and to deterthine the defendant's liability towards the plaintiff bank, have in their report submitted that the outstanding liability of the defendant company in terms of the Finance Agreement executed between the parties comes to a total of Rs,29,479,061 out of which an amount of Rs,25,341,588.42 is outstanding towards the principal amount, whereas a sum of Rs,4,137,437 constitutes the mark-up for the period up to 30-6- 2003 as agreed between the parties. Mr. Syed Salimuddin Nasir does not controvert the above. He, however, submits that the defendant-Company in their balance sheet pertaining to the year 2002 have shown an amount of Rs,37,160,064 as outstanding against the defendant company towards the plaintiff bank. Be that as it may, such entry/admission is of no consequence as admittedly in terms of the Finance Agreement between the parties only an amount of Rs,29,479,061 was due and payable by the Defendant. In view of the above, the plaintiffs suit is decreed against the defendant in the sum of Rs,29,479,061 with cost of fund payable by the defendant for the period commencing from 1-7-2003 till payment/realization. Such costs shall be paid by the defendant for the year 2003 at the rate of 4.38% and for the year 2004 at the rate of 3.84%, whereas for the year 2005 at the rate of 4.38%. The rate for the years 2004 and 2005 as prescribed above, have been furnished by Jahangir Ahmed. Assistant Vice President of the plaintiff bank, whereas the rate for the year 2003 has been levied with the consent of the parties: The plaintiffs suit along with the pending applications stands disposed of in the foregoing terms.
2. ' In view of the above, the Nazir of this Court is directed to pay a sum of Rs,29,479,061 plus the cost of fund to be calculated by him for the period from 1-7-2003 up to the date of payment at the rates as prescribed above, out of the deposit already made by the defendant company in pursuance of this Court's order and to return to the defendant bank the balance amount forthwith.