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2021 CLD 361

MCB Bank Limited through Manager vs Sharif Corporation, Multan through

Citation2021 CLD 361
CourtLahore High Court
Case No.R.F.A. No. 159 of 2014
Date2018-09-13
Judge(s)Shams Mehmood Mirza, Shahid Karim
ResultAppeal dismissed

ORDER

This appeal filed under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (the Ordinance) seeks enhancement of the amount awarded by judgment and decree dated 06.12.2013.

3. Facts of the case in brief are that the appellant bank filed a suit against the respondents seeking recovery of Rs.2,230,144/-. The Banking Court, however , passed decree in the sum of Rs.1,13 6,226/- on the terms mentioned in the said decree.] {{FOOT NOTE}} Received in 2020. {{FOOT NOTE}}

3. Learned counsel for the appellant submits that the banking court while passing the judgment and decree excluded from the claim certain reversal entries of the statement of account by treating the same as payments having been made by the installments. It was accordingly contended that the judgment and decree was passed for a lesser amount than what was actually due to the appellant bank. Learned counsel for the respondent, on the other hand, stated that the respondents had made payments to the appellant bank more than the purchase price mentioned in the finance agreement.

4. Arguments heard record perused.

'5. The expiry date of the finance facility was 31.03.2007 on which date an amount of Rs.1,499,546/- was shown to be outstanding in the statement of account. The respondents, however , continued making deposit of the amount from time to time as is reflected in the statement of account. After adjusting the said amounts, the banking court rightly passed the judgment and decree for an amount of Rs.1,136,226/- to which no exception can be taken.

6. This appeal being devoid of any merit is accordingly dismissed.

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