Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- S.9 Agracultura Development Bank of Pakistan Ordinance (IV of 1961), S. 25 West Pakistan Land Revenue Act (XVII of 1967), Ss. 79 & 80 Bank dues disputed by borrower Recovery as arrears of land revenue Scope ¬Bank could not be equated with a proper judicial forum for determination of amount due against borrower, though under law having summary power of recovery of amount due In event of substantial dispute between parties procedure of recovery of amount by way of land revenue arrears would be available only where amount claimed was found due, ascertained and determined by a competent judicial forum. Agricultural Development Bank of Pakistan v. Sanaullah Khan PLD 1988 SC 67; Abdul Latif v. Government of West Pakistan PLD 1962 SC 384; ARK Ocean Lines Ltd. v. Director of Industries and Mineral Development PLD 1976 Kar. 610, Hussain Ali v: Government of Pakistan 1989 MLD 4721; Grain System. (Pvt.) Ltd. v. ABDP 1993 MLD 1031; Abdul Karim v. Province of Sindh 2001 MLD 69 and Raj Kumar v National Bank of Pakistan 1994 CLC 206 rel. JUDGMENT RANA BHAGWANDAS, J. Petitioner Agricultural Development Bank of Pakistan seeks leave to appeal against Sindh High Court judgment, dated 6 4 2001 passed in C.P. No.D 1421 of 2000 partially allowing the same. 2 Respondent No.1 being the, son and. administrator of the estate of deceased Mst. Fakhar un Nisa appointed by the High Court of Sindh in Miscellaneous Application No.154 of 1987 filed a Constitutional petition before the High Court seeking the following reliefs: (i) Declare that the demand for payment of the amount by the respondents represents the amount of interest/ compound interest hence it is un Islamic and illegal cannot be recovered. (ii) Declare that the demand for payment of Rs.7,46,447 or Rs.32,193 or any other amount is disputed and hence cannot be recovered as arrears of land revenue and/or by adopting any other coercive methods. (iii) Restrain the respondents permanently from recovering the amount of Rs.7,46,448 or Rs.6,32,193 or any other amount from the petitioner and/or from the properties of the deceased Mst. Fakhar un Nisa as arrears…

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