Law:

Section:

Banking Tribunals Ordinance (LVIII of 1984) S.6 Recovery of bank loan Unauthorized entries in statement of accounts Borrower disputed certain entries made by the Bank in the statement of accounts On the direction of Banking Tribunal the Bank prepared a fresh statement of accounts Banking Tribunal found that two entries in the statement of accounts were not in accordance with law Suit was decreed by the Tribunal after deducting the unauthorized entries Validity While deducting the unauthorized entries from the statement of accounts, in the present case, the Banking Tribunal did not commit any illegality No legal infirmity could be found with the and decree which was legal, unexceptionable and not calling for any interference by High Court Appeal was dismissed in circumstances. JUDGMENT MIAN HAMID FAROOQ, J. Agricultural Development Bank of Pakistan, through the filing of the present appeal, has partially challenged the judgment and decree, dated 12 1 1995, whereby the then Chairman,, Banking Tribunal, although passed a decree for the recovery of Rs.1.54,557 in favour of the appellant Bank yet declined to award a sum of Rs.8,246. 2. Briefly stated the facts, leading to the filing of the present appeal are that the appellant Bank filed a suit for the recovery of Rs.1,62,803 alongwith liquidated damages, against the respondent, before the then Banking Tribunal under the provisions of Banking Tribunals Ordinance, 1984, (since repealed). Pursuant to the issuance of showcause notice. the respondent filed the reply to the said show cause notice, within the stipulated period, and thereafter the learned counsel for the respondent made a statement before the then Banking Tribunal that the parties are not at issues. except that the appellant Bank has wrongly calculated the amount of mark up. Although the statement of accounts was originally filed by the appellant Bank yet, under the directions of the learned Banking Tribunal, a fresh statement of account was filed. The learned Banking Tribunal finding that the two entries amounting to Rs.7.851 and Rs.375 are not in accordance with law, proceeded to deduct the said total amount of Rs.8.246 and passed a decree for the…

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