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2002 CLD 1297

AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN vs MUHAMMAD TARIQ

Citation2002 CLD 1297
CourtLahore High Court
Case No.Regular First Appeal No, 124 of 1995
Date2002-04-08
Judge(s)Mian Saqib Nisar, Mian Hamid Farooq
ResultAppeal dismissed

ORDER

' None represent the appellant. Dismissed for non-prosecution. Besides, we also intend to dispose of this appeal on merit.

2. The case of the Bank is that in a suit for recovery filed by the Bank against the respondent under the provisions of Bank Tribunal Ordinance, 1984, the Tribunal has refused to grant liquidated charges to the appellant to the tune of Rs, 1,15,204; moreover the insurance and cushion charges amounting to Rs,1,617 and Rs,4.936 respectively, have also been erroneously disallowed.

3. We have considered the above and perused the record and hold that as regard the liquidated charges are concerned, the Tribunal had no authority to allow the same. In this behalf, ratio and reasoning of the judgment reported in Allied Bank of Pakistan Ltd., Faisalabad v. Messrs Aisha Garments and others 2001 M LD 1955 be considered as a part of this judgment. For disallowing of insurance claim and cushion charges, suffice it to say that as per entries in statement of account, read with agreement between the parties, such amount could not be recovered/charged from the respondent, and the reasoning given by the Court in this behalf, is absolutely in accordance with law. Dismissed for non-prosecution as also on merits.

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