Law:

Section:

(a) Banking Tribunals Ordinance (LVIII of 1984) S.6(5) Ex parte decree, setting aside of Amendment of decree During execution proceedings borrower filed application under S.6(5) of Banking Tribunals Ordinance, 1984, for setting aside of ex parte decree While deciding application under S.6(5) of Banking Tribunals Ordinance, 1984, the Tribunal amended the decree Validity When there was no application on behalf of either of the parties seeking amendment of the decree, the Tribunal could not amend the same while processing application for setting aside ex parte decree. (b) Banking Tribunals Ordinance (LVIII of 1984) S.6 Recovery of Bank loan Incentive scheme ¬Technicalities Administration of justice Execution of ex parte decree passed by the Banking Tribunal was pending when the borrower filed application to set aside the decree During the pendency of the application, the borrower stated that he had paid the entire loan amount under the Prime Minister's incentive scheme Banking Tribunal in the light of the statement amended the decree and disposed of the execution petition filed by the Bank ¬Validity Tribunal should have recorded the satisfaction of the decree and then instead of amending the decree, should have dismissed the execution petition having borne fruit ¬Net result arrived at by the Banking Tribunal was the same that the Tribunal had dismissed the execution petition but without recording the satisfaction of the decree As a natural consequence of such an eventuality the order passed by the Tribunal was correct Where the order passed by the Banking Tribunal was in accordance with law. High Court declined to interfere in the and decree passed by the Banking Tribunal as the same was for the advancement of justice Appeal was dismissed in circumstances. JUDGMENT MIAN HAMID FAROOQ, J. The present appeal, filed by the Agricultural Development Bank of Pakistan, proceeds against order, dated 27 3 1995, whereby the then Chairman, Banking Tribunal, while disposing of an application filed by the respondents, under section 6(5) of the Banking Tribunals Ordinance, 1984, amended the decree and simultaneously disposed of the execution petition. 2. Brief facts leading to…

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