' MUHAMMAD SAYEED AKHTAR, J.---The respondent-Bank instituted a suit on 12-9-2000 for recovery of Rs.5,591,953.00. The appellants in their application for leave to defend the suit alleged that an amount of Rs.5,88,000 deposited with the respondent-Bank on 14-7-2000, 26-7-2000 and 27-7- 2000 had not been accounted for in the statement of Accounts attached with the plaint, notwithstanding the suit was decreed for the entire claim of Rs.5,591,953.00 with costs.
' Under section 19 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 the suit was converted into execution proceedings. The appellants filed objection petition stating that the decree had not been passed in accordance with revised Statement of Accounts filed by the Bank.
The objection petition was dismissed by the learned Banking Court on 4-10-2002.
2. The learned counsel for the petitioner reiterated the same arguments before this Court.
' The learned counsel for the respondent stated that he had made a statement before the learned Banking Court conceding this fact but the learned Banking Judge inadvertently failed to take note of the same while dictating the impugned order. Learned counsel for respondent admitted the .Payment of Rs.5,88,000 by the appellants and stated that to this extent he had no objection if the appeal is allowed.
3. In view of the statement of the learned counsel for the respondent-Bank this appeal is allowed, the impugned order dated 4-10-2002 is set aside and the objection petition filed by the appellants is allowed only to the extent of the amount of Rs.5,88,000. The learned Banking Court shall execute the decree accordingly.