Law:

Section:

(a) Constitution of Pakistan (1973)--- ---Art. 185(3)---Remand order passed by High. Court---Validity---Supreme Court would not interfere with such order. Rehmatullah's case 1968 SCMR 337 rel. (b) Banking Companies Ordinance (LVII of 1962)--- ----S. 25---State Bank of Pakistan having powers to control advances made by Banking Companies. (c) Administration of justice--- ----Judicial Officers are duty bound to decide .cases/ applications/ objections after judicial application of mind. Gouranga Mohan Sikdar's case PLD 1970 SC 158 and Mollah Ejahar Ali's case PLD 1970 SC 173 rel. (d) General Clauses Act (X of 1897)--- ----S. 24-A---Public functionaries are duty bound to decide applications of citizens after judicial application of mind. Airport Support Services v. The Airport Manager 1998 SCMR 2268 rel. JUDGMENT CH. IJAZ AHMED, J. --- Necessary facts out of which the present petition arises are that -Respondent No.1 secured loan from -Respondent No.2 amounting to Rs.9,000 in the year 1976. Responder No.1 failed to discharge its liabilities in terms of agreement arrived at between -Respondent No. 1 and -Respondent No.2 (National Bank of Pakistan). -Respondent No.2 being aggrieved filed a suit for recovery against -Respondent No.1 in the court of Special Judge Banking Companies, N.-W.F.P. at Abbottabad. The suit of -Respondent No.2 was decreed vide its judgment and decree dated 13-4-1987 amounting to Rs.39,193. -Respondent No.2 filed execution petition before Judge Banking Companies/Executing Court. During the pendency of the execution proceedings State Bank of Pakistan had issued an incentive scheme on 18-6-1997. -Respondent No.2 issued a letter to -Respondent No.1 offering the package by prescribing a recoverable amount of Rs. 9,450 by or before 5-12-1997. -Respondent No.1 had accepted the said offer and complied the same by depositing the said amount in three instalments. It is pertinent to mention here: that -Respondent No.1 had also deposited 25% amount of Rs.2,500 on 3-7-1997, whereas the balance amount was deposited in two instalments of Rs.4,072 and Rs.3,000 on 15-12-1997 and 12-2-1998 respectively. -Respondent No.2 issued another letter dated 18-10-1997 to…

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