' SYED ZAHID HUSSAIN, J.---A suit instituted by the appellant-Bank for the recovery of Rs.6,86,797 was decreed by the learned Chairman, Banking Tribunal No,1, Faisalabad, on 10-4-1996 by adjusting and excluding certain amounts from the claim of the appellant. This appeal has been filed by the plaintiff-Bank that a sum of Rs.1,21,197 has illegally been denied to the appellant.
2. The respondents are not represented despite service. The appeal has thus been heard ex parte.
3. It is contended by the learned counsel for the appellant that no reason whatsoever has been given by the learned Chairman, Banking Tribunal, for denying such a claim of the Bank which was based on the agreement between the parties.
4. The perusal of the judgment of the learned Chairman, Banking Tribunal shows that whereas the amounts found to have been paid by the respondent-borrower were ordered to be adjusted and excluded from the claim of the appellant-Bank and the claim for liquidated damages and insurance charges was also declined, the amount of Rs.1,21,197, which, according to the appellant- Bank, was an agreed return, has also been declined. The judgment does not state any reason for denying such a claim of the appellant-Bank and excluding the same from the decree.
5. Maintaining the view of the learned Chairman as to the denial of liquidated damages and insurance charges, we are unable to find any logic and reason for declining the amount of agreed return. The appeal of the appellant Bank is thus partially allowed to that extent and matter remanded to the Banking Court, Faisalabad having jurisdiction in the matter, to re-consider the claim of the appellant-Bank qua the amount of Rs.1,21,197. The learned Banking Court shall determine this aspect confining itself only to the "agreed return" after notice and hearing the parties concerned. Disposed of accordingly. No order as to costs.