KHIZAR HAYAT vs Malik AKHTAR MEHMOOD O — 2024 SCMR 1208 SUPREME-COURT

Case information

Citation: 2024 SCMR 1208 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: KHIZAR HAYAT vs Malik AKHTAR MEHMOOD O
Subject matter: Criminal

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

KHIZAR HAYAT VS Malik AKHTAR MEHMOOD O.XXXVII, R. 2---Suit for recovery on the basis of a pro-note---Record revealed that execution of pro-note was admitted by the petitioner (defendant)---In the agreement between the parties, the petitioner unequivocally confirmed the execution of the pro-note and also undertook that if arbitrators decided the matter against him, he would have no objection---This clearly indicated that pro-note was executed against due consideration by the petitioner voluntarily---It appears that cheque along with the pro-note was given to arbitrators for redetermination and reconsideration of amount due and once the Arbitrators confirmed the amount of Rs. 6,000,000/- as due to the respondent (plaintiff) from the petitioner, the pro-note was handed over back the respondent along with a cheque executed by the petitioner---Petitioner had neither challenged the decision of the arbitrators nor the agreement for appointment of arbitrators or execution of cheque and pro-note---Moreover, perusal of the testimony of the petitioner in his examination in chief clearly indicated that he himself admitted the liability to pay and voluntarily issued the pro-note and cheque---Suit for recovery was rightly decreed in favour of the respondent---Petition was dismissed and leave was refused.

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