TRADING CORPORATION OF PAKISTAN vs Mv HAN ZHONG MEN Ss — 2024 PLD 174 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PLD 174 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PLD
Parties: TRADING CORPORATION OF PAKISTAN vs Mv HAN ZHONG MEN Ss
Subject matter: Civil
Provisions referred to: S. 73---C; S. 36---A; Contract Act (IX of 1872); Civil Procedure Code (V of 1908)

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

TRADING CORPORATION OF PAKISTAN VS Mv HAN ZHONG MEN Ss. 3 & 7---Contract Act (IX of 1872), S. 73---Civil Procedure Code (V of 1908), O.XXI, R. 71 & S. 36---Admiralty jurisdiction---Recovery of loss---Consent order---Appellant/plaintiff was Trading Corporation of Pakistan (Pvt) Ltd. who sought recovery of loss caused by respondents/defendants---Validity---Order assailed had been passed by consent of parties, whereas, appellant/plaintiff failed to make out a case that there had been deliberate default or non-compliance of contractual obligations by respondent/auction purchaser---Appellant/plaintiff also failed to demonstrate as to how and to what extent, such partial default on the part of respondent/auction purchaser caused any loss and damage to appellant/plaintiff---High Court directed Official Assignee to release proportionate earnest money in respect of remaining 1/3rd quantity of sugar, which could not be lifted in favour of appellant/plaintiff (Trading Corporation of Pakistan), whereas, remaining amount could be adjusted/returned to respondent/ auction purchaser after proper verification and identification---Appeal was disposed of accordingly.

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