Law:

Section:

(a) Contract Act (IX of 1872) S. 74 Banking, Tribunals Ordinance (LVIII of 1984), S.11(4) Liquidated damages, recovery of Suit for recovery of Bank loan included liquidated damages Validity Claim of liquidated damages not being entertainable was declined. Allied Bank of Pakistan Ltd.. Faisalabad v. Messrs Aisha Garments and others 2001 MLD 1955 ref. (b) Banking Tribunals Ordinance (LVIII of 1984) Ss. 6(2) & 9 High Court (Lahore) Rules and Orders, Vol.I, Chap. 16 B, Rr.18 & 19 Counsel fee, award of Grievance of the plaintiff was that the Banking Tribunal at the time of passing the decree in its favour did not include fee of the counsel in the decretal amount Validity Matter of omission of grant of counsel fee pertained to the costs For the purposes of assessment of costs with reference to counsel fee, a certificate had to be filed by the counsel for the plaintiff or for that matter of the defendant No such certificate was filed in the present case even the amount which was being claimed to be awarded was neither mentioned in the plaint nor in the memorandum of appeal ¬Appeal was dismissed in circumstances. JUDGMENT MAULVI ANWARUL HAQ, J. The appellant filed a suit for recovery of Rs.13,08,549.70 against the respondents. In the plaint, it was stated that the said amount is due on the basis of a Cash Finance Limit of Rupees one Million sanctioned in favour of respondents in terms stated in para.3 of the plaint. In the suit prayer was also made of recovery of Rs.2,61,709.94 as 20% liquidated damages. Respondents Nos.1 to 3 filed a reply to the show-cause notice issued under section 6(2) of the Banking Tribunals Ordinance, 1984. The matter was heard. Pleas taken in the said reply were rejected and the suit was decreed for the said amount of Rs.13,08,549.70 vide a judgment and decree, dated 6 7 1992. 2. The learned counsel contends that the liquidated damages as prayed for have not been granted while the decree sheet does not mention the counsel fee. No one has…

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