Gh. Hassan Sheikh vs Punjab National Bank

Mr. Muzaffar Hussain Attar, J. (Oral) - This is an appeal filed against the Judgment/decree passed by Additional District Judge (Bank Cases)

on 1st November, 2003, where under suit of the respondent has been decreed for an amount of Rs. 19,42,739/-Appellant has been also directed

to pay interest @ 6% per annum from the date of institution of the suit on the decretal amount. Further decree for an amount of Rs. 12,32,419/-

has been passed in favour of the appellant against the respondent-Bank with the interest @ 2%. The said amount has been ordered to be adjusted

against the decretal amount. The orders which have been passed in this appeal on 23rd September, 2015, 3rd November, 2015 and 2nd

December, 2015 are taken note of:

Record shows that at one point of time the parties have entered into compromise. It was settled between the parties that appellants would pay an

amount of Rs. 4,01,000/- The amount was to be paid within a period of 12 months. Learned counsel for the respondents submitted that there was

a breach of settlement on the part of appellant. Compromise between the parties has thus failed.

Learned counsel for the appellants submitted that though in terms of compromise, appellants had to pay an amount of Rs. 4,01, 000/-, but as on

date, he has paid more than Rs. 05.00 lacs.

Learned counsel for the respondents to make available the competent Officer from the respondent-Bank who would be in a position to settle the

issue. The said officer to remain present on next date.

List on 03rd November, 2015.

In terms of previous Court order, Shri Shahbaz Rigzen - Chief Manager of respondent - Bank, is present in person before the Court.

Learned counsel for the respondents submitted that the Appellant has paid Rs. 02,95,000/- only to the Bank. In response Mr. Qureshi, learned

counsel for the Appellant submitted that he has documentary evidence to show that more than Rs.04/- lacs have been paid to the respondent -

Bank. Copy of the said document be provided to the Chief Manager, who is present in the Court, for his response. List for consideration on 02nd

December, 2015. Chief Manager of the respondent - Bank to remain present in person on next date of hearing.

It is submitted at Bar that appellant is now touching the age of 80 years. The issue would like to be settled. Respondents to take accounts in

presence of the appellant and while under taking such exercise they must entertain the receipts of deposits which will be produced before the

Competent Authority of the Bank by the appellant.

The appellant to appear before the Chief Manager of the Respondent-Bank for taking accounts on 10th December, 2015. Respondent-Bank to

file status report about taking of accounts between the parties. The respondents shall take accounts in the light of compromise arrived between the

parties earlier.

At request list in the second week of February, 2016.

Mr. Qureshi, learned counsel for the appellant submitted that in the 40 years of his business relationship with the respondent-Bank, the appellant

did not default in paying the amounts which were due.

Learned counsel for the appellant submitted that because of his age and failing health he defaulted to pay the amount. Learned counsel submitted

that in order to allow the appellant to spend rest of his life in peace and because of his adverse financial circumstances he is ready to pay the

amount of Rs. 1,25,000/- (one lac twenty five thousand) as against the amount of Rs. 2,95,000/- (two lac ninety five thousand) which the

respondent-Bank claims is the due payment.

True it is that the respondent-Bank is the repository of the public money. The respondent-Bank has to ensure that the money, which is advanced

by it, is returned to it along with interest.

But in rare and exceptional cases, issue is to be considered on humanitarian grounds which is one of the essential components of the concept of

justice.

The appellant is said to be more than 80 years of age. It is said that he is ailing and he could not pursue his business with the same vigor and zeal

which he would do in his youthful days. It is said that he also suffered on account of the floods.

In this rare and exceptional circumstance relief has to be moulded to keep it in tune with the concept of justice, which concept is above the other

values of life.

In the aforesaid fact situation this appeal is disposed of in the following manner.

The appellant will deposit an amount of Rs. 1,25,000/- (one lac twenty five thousand) within three months from today with the respondent-

Bank. The impugned decree stands accordingly modified. Registry to frame the decree in terms of this Order.