Law:

Section:

(a) Banking Tribunals Ordinance (LVIII of 1984)------Ss.6 & 11---Execution petition by Bank claiming future mark¬up-Validity-Future mark-up or up to date mark-up was neither allowed nor recoverable from -debtor---No such mark-up was allowed to Bank under compromise decree---Execution petition on basis of such mark-up could not be allowed---Execution petition was dismissed in circumstances. (b) Banking Tribunals Ordinance (LVIII of 1984)---- ----S. 11---Executing Court--Powers of ---Scope---Executing Court cannot go behind the decree, but is obliged to execute decree as it is. JUDGMENT IQBAL HAMEED-UR-REHMAN, J.---The appellants through this appeal seeks dismissal of the execution petition of the respondent-Bank on the ground that the decretal amount stands paid. 2. Brief facts succinctly required for the determination of this appeal are that a compromise decree for Rs.10,47,957.85 inclusive of mark-up, excise duty and liquidated damages was passed against the appellants on 15-4-1996 by the Banking Tribunal Multan. Thereafter the respondent filed an execution petition against the appellants for the recovery of the following amount: (i) Decreed amount Rs. 10,47,957.00 (ii) Cost of Suit Rs.30,402.00 (iii) Excise duty from September to November 1995 Rs. 2,396.00 (iv) 20% Liquidated Damages Rs. 1,96,156.00 (v) Total amount Rs. 12, 76, 908.85 (vi) Amount received Rs.1,00,000.00 (vii) Recoverable amount Rs.11,76,908,00 3. The appellants filed an application in the execution petition, stating that the decree-holder/Bank was entitled only to recover the decretal amount: of Rs. 10,47,957.85 and the appellants had paid the whole decretal amount and, therefore, they prayed that execution petition be disposed of and consigned to the record room after making observation that the decree had been fully satisfied. The Banking Court No.II, Multan, vide order dated 15-9-2005 dismissed the application of the appellants. Hence this appeal. 4. It is argued on behalf of the appellants that the decree was passed under the Banking Tribunals Ordinance, 1984 (since repealed) and under the said Ordinance, no mark-up could be charged after the expiry period; that the decree was for…

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