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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Messrs HABIB BANK LIMITED through its Chief Manager and others VS Respondent: Messrs HEBEI MACHINERY AND EQUIPMENT IMPORT/EXPORT CORPORATION through their Attorney
Court Name: Lahore High Court Judge(s): Jawwad S. Khawaja, Abdul Shakoor Paracha Title:Messrs HABIB BANK LIMITED through its Chief Manager and others vs Messrs
HEBEI MACHINERY AND EQUIPMENT IMPORT/EXPORT CORPORATION through their Attorney Case No.: Regular First Appeals Nos.767 of 2001 and 156 of 2002 Date of Judgment:2002-03-18 Reported As: 2002 CLD 1101 Result: Appeal dismissed Judgment ORDER ' The facts of the case are simple. The Banking Court-II, Lahore passed a decree in favour of the appellant against the respondent-Bank in a suit filed by the appellant. The appellant is aggrieved that costs amounting to US $ 10,000 were not allowed to the appellant. 2. While deciding an appeal against the same decree, dated 1-10-2001 filed by the respondent- Bank against the present appellant, we have noted that the respondent-Bank did not contest its liability under a letter of credit established by it in favour of the appellant. The respondent-Bank appears to have been under the misconception that there were interim orders in force which prevented it from making payment of the final instalment under the aforesaid letter of credit. The respondent-Bank did not challenge the impugned decree to the extent it related to the amount of the letter of credit. Its appeal was confined only to challenge the amount of interest awarded to the appellant-Company by the learned Banking Court. 3. For the foregoing reasons, we are not inclined to allow costs to the appellant, particularly when the learned Banking Court has chosen not to do so. 4. For the foregoing reasons, this appeal is dismissed.
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