PERFORMANCE AUTOMOTIVE PRIVATE LIMITED vs MUHAMMAD SAFWAN JAVAID Ss — 2022 CLC 37 ISLAMABAD

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PERFORMANCE AUTOMOTIVE PRIVATE LIMITED VS MUHAMMAD SAFWAN JAVAID Ss.12, 42, 54 & 56(i)---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Suit for specific performance of agreement, declaration and injunction---Interim injunction, grant of---Alternate remedy---Recovery of damages---Repudiation of contract---Respondent/plaintiff entered into an agreement to purchase customized car from appellant/company who failed to provide the same within due course of time--- Trial Court and allowed interim relief to respondent/plaintiff--- Plea raised by appellant/company was that where compensation and damages were sought in alternative, specific performance could not be ordered---Validity---Party claiming repudiation by counter party could not have its cake and eat it too---Appellant/company prima facie did not rescind the contract, which remained in field and had bound both parties i.e. appellant and respondent---Matter related to customized vehicle ordered by respondent/plaintiff and model of vehicle was not in production any more---No infirmity was noticed in order in question and Trial Court had rightly reasoned that respondent/plaintiff had made a prima facie case as vehicle was specially customized therefore, monetary compensation in lieu of it was not adequate compensation---Appellant/company was holding substantial amount of deposit from one customer, while refusing to refund it or process termination of the order in face of delays in delivery and then selling that vehicle to another customer at a much higher price and accepting his deposit as well, while dispute with first customer had already matured, such was not the kind of behaviour that seemed endearing from the perspective of equity---High Court declined to interfere in the order passed by Trial Court and imposed cost upon appellant/company--- Appeal was dismissed, in circumstances.

PERFORMANCE AUTOMOTIVE PRIVATE LIMITED vs MUHAMMAD SAFWAN JAVAID Ss — 2022 CLC 37 ISLAMABAD

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