1. MUHAMMAD ALI MAZHAR, J. - This suit has been filed under Section 9 of the Financial Institutions (Recovery of Finances) Ordinance of 2001 for recovery of Rs. 425,617,078.11 along with cost of funds from the date of default, sale of pledged shares, and other relief(s) etc. Learned counsel for the plaintiff has pointed out that in paragraph 22 of application for leave to defend filed by the defendant, the defendant has shown a schedule in which it was agreed that 196,758,983.00 as net payable amount subject to release of all sureties. After filing this application for leave to defend and replication by the plaintiff, learned counsel for the defendant has filed affidavit in rejoinder to show that in the replication the plaintiff has shown the adjustment of some amount, which are not mentioned in the plaint and in paragraph'21 of affidavit in rejoinder the defendant has shown an amount of Rs. 97,493,676.89, which is allegedly payable to the plaintiff as an undisputed liability.
2. Though the plaintiffs counsel argued that there is no concept of filing affidavit in rejoinder in Banking Laws and after replication only leave to defend application is to be heard, however, in order to expedite and for early disposal of the matter he concedes to that let interim decree be passed for the admitted amount shown in paragraph 21 of affidavit in rejoinder and he further suggested that a Chartered Accountant Firm may appointed to audit the entire accounts of the financial facility and relationship between the plaintiff and defendant and until such time Chartered Accountant submits his report hearing of leave to defend application may be deferred.
3. On this proposition and suggestion defendant's counsel has also agreed.
4. By consent of learned counsel for the parties M/s. Jalees Ahmed Company is appointed Chartered Accountant. Both the parties are directed to submit entire books of accounts and related documents pertaining to the financial facility involved in this suit and also diligently attend the proceedings before the Chartered Accountant.
5. The Chartered Accountant will take into consideration of all material aspects in relation to all financial documents, sanctions and availed facilities and figure out actual amount payable by the defendant to the plaintiff after set off the amount of interim decree.
6. The fee pf Chartered Accountant would be Rs. 2,00,000/-, which shall be paid by both the parties equally. The Chartered Accountant Firm shall submit its report within a period of three months excluding Ramzan and Eid Holidays.
7. Office is directed to draw interim decree in the sum of Rs. 97,493,676.89 as mentioned in paragraph 21 of affidavit in rejoinder filed by the defendant. Immediately after submission of report of Chartered Accountant, the parties may file their objections, if any, and office is directed to fix objections in this Court for hearing along with leave to defend application.