Citation Name : 2007 CLD 1639 KARACHI-HIGH-COURT-SINDH
Side Appellant : KASB BANK LIMITED
Side Opponent : ABDIJL QADIR JANGDA
—Ss.3(3) & 9—Recovery of Bank loan—Cost of funds—Proof—Interim
decree was passed against defendant on the basis of his admission made
in application for leave to defend—Bank sought final decree and claimed
inclusion of cost of funds in the decree passed against defendant—Plea
raised by defendant was that without. determination of date of default,
cost of funds could not be included in the decree—Validity—When date of
default was not disputed formal determination was not necessary and
admitted date of default could be taken as date of default—Interim
decree though was passed but it was not complied with thus the same
could be taken as admitted date of default—State Bank of Pakistan had
fixed cost of funds at 6.44%—High Court decreed the suit against
defendant including the cost of funds at the rate of 6.44% from the date
of interim decree—Suit was decreed accordingly.
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