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SUNNY PETROLEUM SERVICE through Proprietor (since deceased) through Legal Representatives vs NATIONAL BANK OF PAKISTAN S — 2025 CLD 1539 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 CLD 1539 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
CLD
Parties
SUNNY PETROLEUM SERVICE through Proprietor (since deceased) through Legal Representatives vs NATIONAL BANK OF PAKISTAN S
Subject matter
Criminal
Provisions referred to
S. 9---I

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

SUNNY PETROLEUM SERVICE through Proprietor (since deceased) through Legal Representatives VS NATIONAL BANK OF PAKISTAN S. 9---Insurance policy availed by customer through Bank---Loss of stock due to fire set by mob---Bank / plaintiff, responsibility of---Scope---Whether or not, in view of the incident of the alleged fire and the existence of Insurance policy, the Bank was entitled to claim the outstanding liability/ default amount from the customer under the Ordnance 2001?; and whether the Bank was under an obligation to seek reimbursement of the same against the insurance company instead?---Held: In the absence of any clause in the insurance policy, which could possibly put Bank under obligation to file a claim with the insurance company of any outstanding liability of customer/ defendants, the Bank was not responsible to file such claim on behalf of the customer---Suit filed by Bank against its customers was only concerned with the determination of liability against the customers / defendants---Even the claim under an insurance clause was an independent and separate agreement, which could not be made the basis to restrict the Bank to recover the amount only through the said process---Appeal, filed by customer / defendants, being meritless, was dismissed, in circumstances.

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