Citation Name: 2025 MLD 1276 KARACHI-HIGH-COURT-SINDHBookmark this Case M/s Global Aviation (Pvt.) Ltd. vs M/s Saudi Gulf Airlines O — 2025 MLD 1276 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 MLD 1276 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: MLD
Parties: Citation Name: 2025 MLD 1276 KARACHI-HIGH-COURT-SINDHBookmark this Case M/s Global Aviation (Pvt.) Ltd. vs M/s Saudi Gulf Airlines O
Subject matter: Civil
Provisions referred to: Specific Relief Act (I of 1877)

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

Citation Name: 2025 MLD 1276 KARACHI-HIGH-COURT-SINDHBookmark this Case M/s Global Aviation (Pvt.) Ltd. VS M/s Saudi Gulf Airlines O. IX, R. 6(a)---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration , recovery of outstanding amount and damages and injunction---Ex parte proceedings against the defendant---Scope---Agency agreement---Appointment of plaintiff-company as General Sales Agent---Non-issuance of termination notice---Plaintiff claimed recovery of outstanding amount and damages in ex parte proceedings against the defendant---Validity---Court cannot pass an ex parte judgment in a mechanical manner, shutting its eye to the record, which is before the court---Court even in ex parte cases has the power to dismiss the suit if the plaintiff fails to discharge his burden---Plaintiff has to stand on his own feet to satisfy the court as to the existence of any right-Mere absence of the defendant does not justify the presumption that the whole of the plaintiff's case is true---High Court after examining Agency Agreement and correspondence between the parties held that defendant was circumventing the requests made by the plaintiff, whereas, the plaintiff had performed his obligations under the agreement, thus, no reason was found to disbelieve the version of the plaintiff in respect of amounts claimed by the plaintiff---In respect of claim of the plaintiff qua damages on account of financial losses suffered by the plaintiff, no specific evidence had been led by the plaintiff and even in the affidavit of ex parte proof filed by the plaintiff no details of the same had been furnished and the statement of the plaintiff in that regard was generic, thus, the High Court refused to grant the damages---However, the suit was partially decreed to the extent of recovery of outstanding amount, in circumstances.

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