PESHAWAR, Nov 29: A division bench of the Peshawar High Court on Wednesday dismissed an appeal of the House Building Finance Corporation filed against an octogenarian for the recovery of interest on the loan obtained by him.
The bench comprising Justice Khalida Rachied and Justice Qaim Jan Khan expressed annoyance at the manner in which the corporation recovered loans from people.
In the instant case the respondent, Gul Zaman, had received a loan of Rs40,000 from HBFC in 1978 which was paid back in 1980. But the HBFC has been asking for Rs76,000 more.
Earlier, the banking court had decided the case in favour of the respondent, Gul Zaman, against whom the HBFC had filed an instant appeal.
When Zaman, 80, appeared before the bench the court inquired from the counsel of HBFC as to why they had been harassing the people in such a manner. The bench also expressed astonishment over the HBFC’s claim of Rs76,000 from the man.
Advocate Qaiser Rasheed appeared for the respondent and contended that the respondent had already paid the original amount back the HBFC in 1980, he added that for the last 20 years the corporation had been pestering the man by indulging in unnecessary litigation.
Mr Rasheed further pointed out that the HBFC’s appeal was time-barred as under the banking law an appeal could be filed within one month of the announcement of any judgment or issuance of a decree.
Counsel of the corporation claimed that the respondent had to pay compound interest on the loan amount. The bench asked him why was he being asked to pay interest when he had already paid back the original amount.
CERTIFICATE SOUGHT: The Peshawar High Court on Wednesday directed the Naib Nazim of a union council in Mardan district to produce a duplicate of his secondary school certificate.
The orders were issued in a writ petition filed by the Nazim of union council Pat Baba, Mardan, stating that the Naib Nazim, who was in his panel, was charged of possessing a fake secondary school certificate.
A division bench has now fixed Dec 5 for the next hearing.
The petitioner has claimed that they contested in panel in the local bodies elections held on March 21. He said that during the filing and scrutiny of nomination papers nobody raised any objection against them, only later on their rival candidates charged the Naib Nazim, Azizul Wahab, of possessing fake certificate. Now proceedings are going on against them before an election tribunal, which the petitioner claimed was illegal.
The bench asked the counsel of the petitioner to produce the original certificate, but he informed the court that the original certificate had been misplaced by the Naib Nazim. The court directed him to produce a duplicate on the next hearing.
Barrister Jehanzeb Raheem appeared for the respondents and stated that if they could produce a duplicate certificate they would accept them as Nazim and Naib Nazim.
