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EATON PHOENIXTEC MMPL CO., LTD. vs NEW RABIA ENTERPRISES O — 2023 PLD 123 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PLD 123 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
PLD
Parties
EATON PHOENIXTEC MMPL CO., LTD. vs NEW RABIA ENTERPRISES O
Subject matter
Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

EATON PHOENIXTEC MMPL CO., LTD. VS NEW RABIA ENTERPRISES O.XII, R.6---Suit for recovery of foreign currency, interest and damages---Admission---Phrase "without waiting for the determination of any other question between the parties"---Set off---Effect---Plaintiff company sought decree on admission of defendant for recovery of consideration of goods supplied to defendant---Defendant raised plea of set off to recovery sought by plaintiff---Validity---Admission was unambiguous, categorical and unconditional and mere presence of plea of set-off was not suffice to defeat application under O. XII, R. 6, C.P.C. lest the words "without waiting for the determination of any other question between the parties" appearing therein would become meaningless---In final analysis, a decree under O. XII, R. 6, C.P.C. would remain a discretion of the Court, and it could be that given the facts of a particular set-off before it, the Court was not inclined to exercise such discretion---Admission made by defendant in the present case was unambiguous, categorical and unconditional---Equitable set-off sought by defendant was no impediment---High Court passed a partial decree of USD 100,665.30/- or Pak Rupees equivalent thereof as on the date of payment, plus interest at the rate of 10% per annum from the date of suit until realization or Pak Rupees equivalent thereof as on the date of payment---Application was allowed accordingly.

Other judgments reported in 2023 PLD

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