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Financial Institutions (Recovery of Finances) Ordinance (LXVI of 2001) Ss. 9 & 10 Recovery of bank loan Liquidated damages ¬Proof Buy back price agreement-- Availing of finance facility was admitted by the defendants Statement of accounts showed the withdrawal of loan amount by the defendants out of sanctioned amount from time to time Effect Finance facility being buy back amount included the mark up charged by the bank on the principal amount High Court allowed the amount of buy back but the sum exceeding the buy back and liquidated damages were not allowed Suit was decreed accordingly. 2005 CLD 1019 Lahore Before Mian Saqib Nisar and Abdul Shakoor Paracha, JJ MUNEER FLOUR MILLS (PRIVATE) LIMITED and 4 others Appellants Vs. NATIONAL BANK OF PAKISTAN through Chief Manager and 2 others Respondents First Appeal from Order No. 135 of 2004, decided on 24th May, 2004. (a) Civi1 Procedure Code (V of 1908) O. XVII, R.5 Adjournment of case for a particular purpose by Reader of the Court, when Presiding Officer was on leave ¬Validity Case for a particular purpose could either be fixed by Court itself or by any duty Judge Reorder, under C.P.C., or Special Law, had no power to adjourn case for any particular purpose. 2005 CLD 1021 Lahore Before Ch. Ijaz Ahmad and Mian Hamid Farooq, JJ Mst. SADIA BIBI and 2 others Appellants Vs. Messrs ALLIED BANK OF PAKISTAN LIMITED Respondent Regular First Appeal No. 148 of 1999, decided on 15th December, 2003. Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) Ss. 9 & 10 Recovery of bank loan Death of original loanee ¬Liability of legal heirs of deceased loanee Application for leave to defend the suit Arguable plea, non raising of Suit for recovery of loan was filed against the legal heirs of the original loanee as he had died Suit was decreed by the Banking Court in favour of the bank Validity Loan was secured by the original loanee, therefore, the legal heirs were not in a position to deny execution of documents by the original loanee Legal heirs had inherited the property of the original loanee and they had not raised any arguable plea before Banking Court in their application for leave to…

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