1989 PLP 459' (CLC)
UNITED DISTRIBUTORS (PVT.) LTD.‑‑Plaintiff Versus INTERNATIONAL PRESTIGE SRL and another‑‑Defendants
| Citation | 1989 PLP 459' (CLC) |
| Forum / Court | Karachi |
| Bench Members | Syed Abdur Rehman J |
| Parties | UNITED DISTRIBUTORS (PVT.) LTD.‑‑Plaintiff Versus INTERNATIONAL PRESTIGE SRL and another‑‑Defendants |
| Primary Law | Specific Relief Act (I of 1887)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 459' (CLC)?
This judgment primarily cites: Specific Relief Act (I of 1887)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 459' (CLC)?
The case was heard and decided by the Karachi bench comprising: Syed Abdur Rehman J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 459' (CLC) (UNITED DISTRIBUTORS (PVT.) LTD.‑‑Plaintiff Versus INTERNATIONAL PRESTIGE SRL and another‑‑Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Afsar Abidi for Plaintiffs. Defendant No.1 (called absent). Date of hearing: 8th September, 1988.
Headnotes / Summary
‑‑‑Ss. 54 & 56‑‑Suit for injunction and recovery of compensation‑ Plaintiff praying for grant of injunction and for award of compensation for loss occasioned to it by defendant‑‑Plaintiff claimed to have sustained losses amounting to Rs.96,00,181 whereas in his plaint he had prayed for recovery of Rs.70,00,000 only‑‑Counsel for plaintiff stated that plaintiff was agreeable to receive compensation of Rs.70,00,000 in full and final satisfaction of its claim against defendant‑‑Evidence of plaintiff going unchallenged and unrebutted‑ Compensation claimed by plaintiff appearing to be reasonable‑‑Suit of plaintiff was decreed to the extent of Rs.70,00,000 as prayed in the plaint.
Judgment & Decree
body interior and exterior unhinged doors 289 units at , the rate of Rs.300 per unit. , Rs.86,700.00 (4) Cost of changing replacing compressors 103 units at the rate of Rs.1,800 per unit. Rs.1,85,400.00 (5) Expenditure on refilling of gas due to leakage 320 units at the rate of Rs.300 per unit. Rs.96,000.00 (6) Cost of repairs of damages due to manufacturing defects i.e. some refrigerators were dented and doors were not hinged 312 units at the rate of Rs.300 per unit. Rs.93,000.00 (7) Replacement of compressors were found defective 217 units 1800 23 3,90,600 units @ 2000 46,00 Rs.4,36,600.00 It would appear that the plaintiff has claimed to have sustained, losses amounting to Rs.96,00,181 whereas in his plainti he has prayed for recovery of Rs.7 million only. Mr. Afsar Abid who appeared for the plaintiff stated that the plaintiff was agreeable to receive the compensation of Rs.70,00,000 in full and final satisfaction on its claim against the defendant No.1 The above evidence of the plaintiff has gone unchallenged and unrebutted. The compensation claimed by the plaintiff appears to be reasonable. I, therefore, decree the plaintiff's suit against defendant No.1 for a sum of Rs.70,00,
000. I allow interest at the rate of 10$ per annum from the date of the filing of this suit till the recovery of the decretal amount. The cost of the suit shall be borne by defendant No.1 M.Y.H./U‑42/K Suit partly decreed.