1. AMIR HANI MUSLIM, J.---By consent the following order is passed:-- ' Messrs Adil Yousuf & Co. Chartered Accountant Firm is appointed as Commissioner to examine the books of accounts of the parties and to determine the outstanding amounts, which the defendants have to pay towards the loan availed by them from the plaintiff. The Chartered Accountant firm shall also determine whether the loan claimed to have been availed by the plaintiffs were actually disbursed. The Commissioner will examine the amounts, which the defendant has repaid to the plaintiff. The statement of account filed by the Bank shall also be examined by the Commissioner in order to find out as to whether the plaintiff has calculated the mark-up on the accounts in accordance with the Banking Rules.
2. ' This whole exercise shall be completed by the Commissioner within one month from the date of communication of the order. The parties shall get in touch with the Commissioner and shall supply their books of accounts for their scrutiny. The fee of the Commissioner/Chartered Accountant is tentatively fixed at Rs,100,000 (Rupees one hundred thousand only) to be shared equally by both the parties. The parties shall pay the fee of the Commissioner directly.
3. ' The leave to defend application may by the defendant is dismissed. The Commissioner shall submit their report, which will firm part of the decree.
4. ' The fate of the present proceedings will decide the fate of Suit No,B-32 of 2007 filed by the defendant against the plaintiff on the common issues involved herein.