PERFORMANCE AUTOMOTIVE (PVT.) LTD. vs AKBAR ADAMJEE Ss — 2021 SCMR 1257 SUPREME-COURT

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PERFORMANCE AUTOMOTIVE (PVT.) LTD. VS AKBAR ADAMJEE Ss. 2(14) & 58---Specific Relief act (I of 1877), S. 12---Specific performance in respect of a "specific or ascertained goods"---Scope---Breach of contract to deliver an imported customized vehicle---Vehicle import company not having option of retaining the vehicle and asking customer to collect his refund---Petitioner-company contended that it was an agent of dealer for the subject vehicle and on account of some impending/issues with the Customs authority, the clearance of the vehicle from the port could not be affected; that consequently, the vehicle order agreement was cancelled and the customer/ respondent was requested to collect his refund, and that since agreement stood terminated and cancelled, therefore, specific performance could not be granted in favour of customer---Held, that perusal of S. 58 of the Sale of Goods act, 1930 showed that specific performance could be ordered in respect of "a specific or ascertained goods"---In case breach of contract to deliver specific or ascertained goods occurred, the court may, if it thought fit, direct that the contract shall be performed specifically without giving the defendant option of retaining the goods on payment of damages---In the present case the vehicle ordered by the customer was customized and made to order; it could be classified as a "specific and ascertained goods"---Given that the vehicle ordered was one of the leading luxury brands with particular exterior and interior specifications and colour mentioned in the vehicle order agreement, left no doubt that it was a "specified or ascertained goods" within the contemplation of S. 58 of the Sale of Goods act, 1930---Once the customer had successfully demonstrated that he had fulfilled all the terms and conditions of the agreement, S. 58 of the Sales of Goods act, 1930 would apply to his case---Petition for leave to appeal was dismissed and leave was refused.

PERFORMANCE AUTOMOTIVE (PVT.) LTD. vs AKBAR ADAMJEE Ss — 2021 SCMR 1257 SUPREME-COURT

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