' SH. AZMAT SAEED, J.---This Writ Petition is directed against the order dated 13-1-2005 passed by respondent No,l. The brief facts giving rise to the filing of this petition are that respondent No,1 filed a suit before the respondent No,2 for rendition of accounts and mandatory and permanent injunction seeking restoration of the vehicle repossessed by the petitioner bank.
2. A Honda Civic motor car had been leased in favour of the respondent No,1 in addition to the facility of credit card by the petitioner hank. On account of the non-payment of amount due under the credit card and the alleged failure to pay the monthly installments of the leased car, the vehicle in question was re-possessed. Being aggrieved, the respondent No,1 filed a suit along with an application seeking, interim relief and the learned Judge of the Banking Court Gujranwala directed that the vehicle in question be restored to the respondent No, 1.
3. The learned counsel for the parties have been heard and the record appened with this petition perused.
4. It has been contended on behalf of the respondent No,1 that at the time of the repossession of the questioned vehicle, no default had taken place in the lease payment, which has been controverted by the learned counsel for the petitioner-bank who states that substantial amount is also due from respondent No,1 on account of the credit card payment and the petitioner bank has a:general bankers lien on the car.
5. Perusal of the order impugned reveals that the question of the general bankers lien, if any, of the petitioner bank in respect of the car on account of the credit card liability has not been taken into account or decided. The nature of this lien would depend not only upon the provision of law applicable but also upon the documents executed by the respondent No,1 in respect of the credit card facility. It would thus be appropriate if the grant of interim relief be reconsidered after taking into account the rights and obligation of the parties in respect of the vehicle in question not only with reference to the documents executed for the lease of the vehicle but also with regard to the credit card. Thus by setting aside the order impugned, case is remanded to the learned Judge Banking Court Gujranwala to decide he application afresh after taking into account all the documents executed by respondent No,2 for both the financial facilities of the car and the credit card, and the law applicable thereto.
6. Petition accepted and in the terms enumerated ibid.