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G.A. TRADERS SOLE PROPRIETORSHIP through Haji Ghazanfar Ali vs ALLIED BANK LIMITED Ss — 2023 CLD 1332 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 CLD 1332 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
CLD
Parties
G.A. TRADERS SOLE PROPRIETORSHIP through Haji Ghazanfar Ali vs ALLIED BANK LIMITED Ss
Subject matter
Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

G.A. TRADERS SOLE PROPRIETORSHIP through Haji Ghazanfar Ali VS ALLIED BANK LIMITED Ss. 19 & 22---Execution of decree---Mark-up, recovery of---Appellant/judgment debtor was aggrieved of including mark-up in decree for beyond contractual period---Validity---At the time of passing decree in question Banking Companies (Recovery of Loans, Advances, Credits and Finances) Ordinance, 1997, was in force---Harshness of previous law permitted award of continuous mark-up beyond contracted mark-up---Executing Court could not extend benefit of new law by replacing mark-up awarded by Banking Court under Banking Companies (Recovery of Loans, Advances, Credits and Finances) Ordinance, 1997, with the award of cost of funds permitted under Financial Institutions (Recovery of Finances) Ordinance, 2001---This would amount to empowering Executing Court to amend the decree---High Court declined to interfere in the order passed by Executing Court---Appeal was dismissed, in circumstances.

Other judgments reported in 2023 CLD

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