AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN through Branch Manager

1. MIAN SAQIB NISAR, J.---The appellant Bank brought a suit for recovery against the respondent to the tune of Rs.2,59,907 on 20-12-2001. No leave application was filed by the respondent. Therefore, the learned Banking Court after proceeding ex parte against the respondent has decreed the suit in favour of the appellant only to the extent of Rs.1,75,063 out of the suit amount by including the mark-up from the date of institution of the suit till the realization of the amount. The amount of mark-up claimed by the appellant after the expiry of the agreement till the institution of the suit has. however, been excluded. The grievance of the appellant is that the said markup should have been included because there is a stipulation in the agreement between the parties for payment of mark-up in this behalf. However, he has not been able to show us the time from which the respondents were obliged to pay the mark-up after the expiry of the agreement. As regards the argument that the mark-up should have otherwise been allowed, we are afraid, the mark-up cannot be allowed without any specific stipulation in the agreement in this behalf. We do not find any error in the judgment of the learned Court below. Consequently. this appeal is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.