Law:

Section:

Banking Tribunals Ordinance (LVIII Of 1984)-------S.6---Recovery of bank loan---Non-award of labour charges--¬Banking Tribunal decreed the suit in favour of bank but declined to award labour charges on the ground that no documents regarding availing of such facility were available on record--¬Observation made by Banking Tribunal was not consistent with the documents on record, rather the Tribunal had proceeded on assumption---Effect--Judgment and decree passed by Banking Tribunal was set aside and the case was remanded for decision afresh. Habib Bank Ltd. v. Messrs Farooq Compost Fertilizer Corporation Ltd. and 4 others 1993 MLD 1571; Allied Bank of Pakistan Limited, Faisalabad v. Messrs Asisha Garments through Proprietor and 2 others 2001 MLD 1955; Saudi-Pak Industrial and Agricultural Investment Company (Pvt.) Limited, Islamabad v. Mohib Textile Mills Limited Lahore and 3 others 2002 CLD 1170 and National Development Finance Corporation v. Messrs Millrock Quarring (Pvt.) Ltd. and 7 others 2002 CLD 1382 ref. JUDGMENT SYED ZAHID HUSSAIN, J.---A suit for recovery of Rs.13,06,579 was instituted by the appellant which was decreed by the learned Chairman Banking Tribunal, Faisalabad on 11-7-1996 to the extent of Rs.2,03,293 with costs. This is appeal by the plaintiff/Bank thereagainst. The respondents are not represented despite service. Their learned counsel was also sent intimation by the office, however he has not entered appearance. We have thus, heard the appeal ex parte. 2. The learned counsel contends that while passing the impugned judgment and decree, the documents on the record qua the availing of facility regarding labour charges have been ignored by the Tribunal and that the agreed return has also been declined for no valid reason. Insofar as the claim of the Bank for liquidated damages is concerned, the same is not pressed in view of the legal position obtaining in the matter and stated in Habib Bank Ltd. v. Messrs Farooq Compost Fertilizer Corporation Ltd. and 4 others 1993 MLD 1571; Allied Bank of Pakistan Limited, Faisalabad v. Messrs Asisha Garments through Proprietor and 2 others 2001 MLD 1955; Saudi-Pak Industrial and Agricultural Investment…

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