Bank has entitlement to costs in a suit for recovery of money

Citation Name : 2009 CLD 312 KARACHI-HIGH-COURT-SINDH

Side Appellant : HABIB BANK LIMITED

Side Opponent : TAUQEER AHMED SIDDIQUI

Ss.3, 9 & 17—Civil Procedure Code (V of 1908), Ss.151, 152 & 153—Decree for recovery of loan amount—Cost of funds, non-awarding of-–Application by Bank for amendment of decree to include therein such cost sought in suit—Dismissal of such application by Banking Court-–Validity--Awarding of cost in terms of S.17 read with S.3 of Financial Institutions (Recovery of Finances) Ordinance, 2001 was mandatory—Banking Court in its judgment had not observed that Bank was not entitled to such cost from date of default till realization of decretal amount—Bank was entitled to such cost—High Court accepted appeal in Circumstances.