' MUHAMMAD ALAM KHAN, J. --- After hearing the learned counsel for the parties at some length on 30.4.2009, the parties opted to effect compromise. In this respect, their joint statement was recorded which is placed on file.
2. According to the facts of the case, the appellant had secured loan from Habib Bank Limited. A dispute arose and Habib Bank filed a suit against the appellant Muhammad Saeed Khan under the summary jurisdiction of Banking Court which was decreed to the tune of Rs, 10,51,742/- against Muhammad Saeed Khan. It is also alleged that Muhammad Saeed was a guarantor and the actual loanee was Sanaullah Khan respondent No, 1, but Muhammad Saeed Khan being a guarantor was saddled for the said loan. As the appellant was not paying the decretal amount, the learned Judge Banking Court resorted to auction proceedings in which the house of the appellant was put to open auction which was purchased by Muhammad Ramzan/respondent No, 2 who is the auction purchaser on auction amount of Rs, 18,00,000/- which he deposited and consequently auction certificate was issued to him which culminated into mutation No, 23320 attested on 28.8.2008.
These proceedings have been impugned before us.
3. During the hearing of the case, the parties effected compromise pursuant to the following terms and conditions:--- "That the auction purchaser/respondent No, 2 who had invested rupees eighteen lacs will be entitled to five percent profit and Rs, 92,000/- expenses on the auction proceedings, total coming to Rs, 1,82,000/-, thus the total investment of the auction purchaser was Rs, 19,82,000/-. It is important to note that Habib Bank -has withdrawn the decretal amount of Rs, 9,36,409/-and the balance of Rs, 8,63,591/- out of the auction money remained in deposit with Banking Court, out of which Rs, 15,000/- has been paid to the auctioneer as fee and now total deposited amount in the Banking Court is Rs, 8,48,591/-. The appellant has deposited pursuant to the order of this Court rupees eleven Lacs with the Additional Registrar of this Court for which the auction purchaser/respondent No, 1, namely, Malik Muhammad Ramzan alias Allah Bakhsh will be entitled to recover under a proper receipt to be placed on the file. The remaining amount of rupees 8,48,591/- will be withdrawn by the auction purchaser/respondent No, 2 from the Banking Court and thus, an amount of Rs, 34,409/- will remain outstanding against the appellant and he is directed to deposit the same within two months before the Additional Registrar of this Court for onward payment to the auction purchaser who shall withdraw the same on proper receipt to be placed on the file."
4. The grievance of the appellant is that out of the total loan secured, he has paid a sum of Rs, 2,50,000/- for which he is entitled for rendition of account with the Bank. The Manager of the Bank present in Court admits this legal and factual aspect of the case. Furthermore, the grievance of the petitioner is that the mark-up has not been determined in a proper way which too is a matter to be decided by the appellant and the Bank on submission of proper application. In order to be on safe side that any party who after the rendition of account is aggrieved of the proceedings shall be at liberty to move for the redressal of their grievances in accordance with law.
5. The auction in favour of Malik Muhammad Ramzan/respondent No, 2 stands cancelled and pursuant to that cancellation, the mutation so attested and entered is also declared having become annulled. Resultantly, the attached property, i,e, house reverts back to the appellant.
6. In case of failure to pay the balance amount of Rs, 34,409/- by the appellant within two months, he will be 'liable to pay six percent simple interest per annum to the auction purchaser/respondent No, 2 Malik Muhammad Ramzan.
7. In this view of the matter, the compromise stood effected between the auction purchaser and the appellant and thus, matter for rendition of account still remains pending between the appellant and the Manager Habib Bank. The terms and conditions of the statement in the shape of compromise Ex.PHC/1 will be considered as part and parcel of this order. Office is directed to send a copy of this order to the Manager Habib Bank Limited, Eid Gah Branch D.I. Khan for completion of rendition of account. This FAB is disposed of accordingly.