Instant first appeal challenged the judgment/decree dated 28-2-2006 passed by the Banking Court No.II, Lahore, whereby suit filed by the respondent for recovery of Rs.1,05,97,954.19 was decreed against the appellant a nd defendants Nos.1 and 2.
2. Messrs Star Rugs was the sole proprietorship of Shahzad Ilyas in whose favour finance facility of loan of Rs.2.5 Million was sanctioned by the respondent on 18-9-1995, which was subsequently re- scheduled and enhanced on various occasions. Loanees failed to honour their obligation of repayment of availed finance facility whereupon respondent-Bank filed the above-referred suit, arraying the appellant as defendant No.4, as guarantor of the loanees. Suit of the respondent-Bank was decreed on 28-2-2006 with the assumption that appellant/defendant No.4 did not file any PLA as deciphered from para.3 of the impugned judgment whereas it had been claimed that appellant (defendant No.4) had filed PLA, which was incorrectly not attended by the Banking Court while .Decreeing the suit against her.
3. Respondent on notice by this Court appeared and was represented through its counsel who offered that decree to the extent of the appellant (Robina Qadeer/defendants No.4) may be set aside and Banking Court may by required to decide her petition for leave to appear, afresh within a period of one month, on its own merits. The offer so made by learned counsel for respondent was readily accepted by the appellant and her counsel.
4. In view of concurrence between the learned counsel' for the parties, instant appeal is accepted and judgment/decree dated 28-2-2006 to the extent of the appellant (Robina Qadeer) is set aside with the result that her PLA shall be deemed to be pending before the Banking Court No.II, Lahore which shall be decided in accordance with law, after hearing the parties within a period of one month on its own merits, without being influenced by earlier order granting leave to appear to the other defendant. Parties are directed to appear before the Banking Court No.II Lahore on 23-1-2007.
There will be no order as to costs.