Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9, 19 & 22---Suit for recovery of loan---Execution of decree---Mark-up---Claim for---Suit filed by Bank was decreed with mark-up at stipulated rate till realization of decretal amount---Decree passed in favour of Bank appeared to be destitute of factum of mark-up, but appellant had claimed that decree had made a mention of it---Executing Court, had to remain within the periphery of decree and could not go beyond the same---Executing Court could summon record for inspection and ascertaining whether full part of i.e. including portion relating to mark-up had been reflected by Banking Court in its decree sheet and if not, then refrain from taking any further action in the matter confining itself to what was stated in the decree---Case of -debtors was that they had paid the amount reflected in the decree sheet; if that was so then they had fulfilled requirement of decree until decree was amended---Bank should choose to move Banking Tribunal for purposes of amendment in the decree, the -debtors would also have the opportunity of addressing the Court in that connection so that the ends of natural justice were met. JUDGMENT ALI NAWAZ CHOWHAN, J.---This is an E.F.A filed by the Agricultural Development Bank of Pakistan which is now being called as Zari Traqiati Bank. This is against an order passed by the Executing Court dated 8-3-2005. 2. The matter relates to a judgment given by the Chairman Banking Tribunal Faisalabad dated 14-6-1993. This was an ex parte order and being a short one we are reproducing it below in extenso: "Consequently the plaintiffs suit for payment of Rs.40,02,505 is decreed in favour of the plaintiff and against the defendants with cost and mark-up at the stipulated…

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