' MUHAMMAD TASNIM, J.---This is an application (C.M.A. No,11015 of 2009) under section 10 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 filed by defendant seeking leave to defend the suit unconditionally.
2. Learned counsel for the defendant has submitted that since damages have been claimed in the suit, hence relief claimed in the suit cannot be granted to the plaintiff unless the evidence of the parties is recorded. Learned counsel for defendant in support of his contention has placed his reliance upon the following case-law:--
(1) Chaudhry Mukhtar Ahmad v. National Bank of Pakistan and others (2007 CLD 501); and
(2) Allied Bank of Pakistan Limited, Faisalabad v. Messrs Asisha Garments and others (2001 M LD 1955).
3. On the other hand learned counsel for plaintiffs also agreed to the above proposition.
4. Accordingly, by consent of the parties, application for leave to defend the suit unconditionally is granted to the defendant-Bank.
5. For early disposal of the case, by consent of the parties, following issues are framed:--
(1) Whether the plaintiffs are entitled to for decree for the amount claimed? If yes, to what extent?
(2) Whether guarantee executed by plaintiffs Nos. 1 and 2 is liable to be cancelled?
(3) Whether plaintiffs are entitled to mark-up upon the claimed amount? If yes, at what rate?
(4) What should the decree be?
6. List of witnesses within seven days. Documents and commission, if any within two months.