ORDER MUNIR A. SHEIKH, J.-- In the application filed by the petitioners for grant of leave to appear and defend the suit filed by the respondent-bank, it was specifically pleaded that Saqib Mehmood, Manager of the bank withdrew unauthorizedly specific amounts from one of its accounts and misappropriated the same for his personal benefit, therefore, it should be granted leave to appear and prove the said allegation. The Trial Court did not grant leave but proceeded to decree the suit.
The petitioner made complaint against Saqib Mehmood, Manager before the respondent-bank in which inquiry was held and he was found guilty of misappropriation of the amounts unauthorizedly from the accounts of the petitioner, therefore, initially he was suspended and thereafter dismissed from service. The Assistant Director, FIA (SBC) Lahore has also got an FIR registered against Saqib Mehmood, Manager of the respondent-bank on these charges which was registered after due inquiry and the case will be tried and decided by the Criminal Court. In the main appeal before the High Court, pre-admission notice has been issued to the respondent-bank and in the application for stay of execution proceedings, notice has also been issued but stay of execution decree has been granted subject to the depositing' of an amount of Rs.4,56,586/- which is half of the decretal amount which according to learned counsel for the petitioner, in the facts and circumstances of this case, is based on non-application of judicial mind to the above facts and the petitioner at all stages has been condemned unheard in the suit filed by it for recovery of the amount and if Saqib Mehmood is found guilty for misappropriation of the amount, the petitioner prima facie shall not be liable to pay the amount.
2. The part of the impugned order dated 17.7.2001 passed by the High Court in C.M. No. 1-C of 2001 in RFA No. 551 of 2001 regarding deposit of Rs.4,56,586/- shall remain suspended and the execution proceedings shall remain stayed during the pendency of the said C.M. No. 1-C of 2001 filed1 by the petitioner.