1981CLC880 (PLP)
MESSRS ATLAS TRAVELS LTD.‑Appellant Versus NATIONAL COMMERCIAL BANK LTD. AND ANOTHER‑Respondents
| Citation | 1981CLC880 (PLP) |
| Forum / Court | Karachi |
| Bench Members | Abdul Hayee Kureshi and Sajjad Ali Shah, JJ |
| Parties | MESSRS ATLAS TRAVELS LTD.‑Appellant Versus NATIONAL COMMERCIAL BANK LTD. AND ANOTHER‑Respondents |
Q1: What are the key laws and sections cited in 1981CLC880 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981CLC880 (PLP)?
The case was heard and decided by the Karachi bench comprising: Abdul Hayee Kureshi and Sajjad Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981CLC880 (PLP) (MESSRS ATLAS TRAVELS LTD.‑Appellant Versus NATIONAL COMMERCIAL BANK LTD. AND ANOTHER‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Z. U. Ahmed for Appellant. Fakhruddin Farooqui for Respondent.
- Dates of hearing : 9th and 17th September, 1979.
Headnotes / Summary
(a) Negotiable Instruments Act (XXVI of 1881)‑ ‑‑ Ss. 20 ac 87‑Inchoate stamped instruments‑1) rectors and employees of appellant‑Company (principal debtors on its behalf and on their own behalf, executing promissory notes leaving spaces denoting date of execution as well as amount blank‑Documents collateral security for overdraft facilities to appellant (principal debtor) ‑Pronotes delivered on 2nd December, 1961 blanks filled up on 8th April, 1963‑Contention as to documents having been rendered void, held, overlooks provisions of S. 20 and therefore without substance. Tribunal v. Sahu A I R 1919 L B 45 ref. K. M. Basappa and another v. Patel Marvu A I R 1951 Mys. 102 distinguished. (ii) Civil Procedure Code (V of 1908)‑ ‑‑ O. XXXVII‑Suits on negotiable instruments‑Summary proce dure‑Debts of account holder in Bank‑Never static on account of addition of interest‑Mere addition of interest, held, does not convert suit based on negotiable instruments into suit for accounts if instrument itself provides for payment of interest.
Judgment & Decree
(a) Negotiable Instruments Act (XXVI of 1881)‑ ‑‑ Ss. 20 ac 87‑Inchoate stamped instruments‑1) rectors and employees of appellant‑Company (principal debtors on its behalf and on their own behalf, executing promissory notes leaving spaces denoting date of execution as well as amount blank‑Documents collateral security for overdraft facilities to appellant (principal debtor) ‑Pronotes delivered on 2nd December, 1961 blanks filled up on 8th April, 1963‑Contention as to documents having been rendered void, held, overlooks provisions of S. 20 and therefore without substance. Tribunal v. Sahu A I R 1919 L B 45 ref. K. M. Basappa and another v. Patel Marvu A I R 1951 Mys. 102 distinguished. (ii) Civil Procedure Code (V of 1908)‑ ‑‑ O. XXXVII‑Suits on negotiable instruments‑Summary proce dure‑Debts of account holder in Bank‑Never static on account of addition of interest‑Mere addition of interest, held, does not convert suit based on negotiable instruments into suit for accounts if instrument itself provides for payment of interest. Z. U. Ahmed for Appellant. Fakhruddin Farooqui for Respondent. Dates of hearing : 9th and 17th September, 1979.