ORDER TANV1R AHMAD KHAN, J.~ C.M. No. 1/2000.- For the reasons stated in the application the writ petition is restored to its original number.
Main Case.
It is the case of the petitioner that he secured two loans from the Agricultural Development Bank respectively for an amount of Rs. 1.98,500/- and Rs. 40,000/- in the year 1991. Agreements were executed and according to the terms thereof the loan was to be repaid through instalments.
2. Learned counsel has stated that the petitioner till date has deposited Rs. 98,000/- and the allegation of mis-use of the tractor is baseless and unfounded. He has also taken exception to the charge of interest which according to him is not only violative of the Injunctions of Holy Quran and Sunnah but has also been declared illegal by the Shariat Appellate Bench of the Hon'ble Supreme Court. Lastly it is argued that the petitioner be given breathing time so as to liquidate his entire liability in accordance with law/rules.
3. I have considered the contentions, it is a contractual matter involving resolution of disputed question of facts which has emanated out of an agreement executed between the parties on their on. Violation as such the jurisdiction of this Court would not be attracted under Article 199 of the Constitution of Islamic Republic of Pakistan. As far as the charge of interest is concerned, this Court in view of Article 203 G of the Constitution has got no authority whatsoever under the law to determine the same. However, keeping in view the facts of this case, I direct the petitioners to approach respondent No. 3 who shall determine his liability in accordance with law and rules read with the terms of the agreement. He shall allow them any benefit/'concession permissible in such like case under the Iaw/rules and notification. The petitioners to resolve this controversy shall appear before the Bank Manager on or before 10.4.2000 and the latter shall consider his case sympathetically and allow them a-ll benefits so available under law/rules and notification. Till aforesaid date no coercive measure shall be initiated against the petitioner.