| Case ID |
00631e36-a5bd-461f-a1ed-d58c26d340cd |
| Body |
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| Case Number |
Suit No.B-34 of 2008 |
| Decision Date |
Nov 02, 2010 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled in favor of the auction-purchaser, directing the Official Assignee to refund the amount for the short supply of sugar bags that were not delivered. The court found that the remaining sugar was in a damaged condition and unfit for human consumption. The auction-purchaser's application for a refund of 10,00,000 was allowed, and the court ordered the Official Assignee to destroy the remaining stock of sugar under supervision. The decision emphasized the importance of ensuring that auctioned goods meet health and safety standards. |
| Summary |
In the case of Suit No.B-34 of 2008, the Sindh High Court addressed a dispute involving an auction-purchaser who claimed that a complete quantity of sugar was not delivered as per the auction agreement. The court examined the conditions of the goods and determined that the remaining sugar was not fit for human consumption due to its damaged state. The judgment highlighted the obligations of the Official Assignee in ensuring the delivery of goods in acceptable conditions and the rights of the auction-purchaser to seek a refund for undelivered goods. This case underscores the legal principles of the Specific Relief Act and Civil Procedure Code, particularly focusing on the enforcement of contract terms in auction sales. The ruling serves as a significant precedent in auction-related disputes, emphasizing the need for transparency and accountability in the sale of goods. |
| Court |
Sindh High Court
|
| Entities Involved |
Official Assignee,
Soneri Bank Ltd.,
Muhammad Tariq Traders
|
| Judges |
MUHAMMAD TASNIM
|
| Lawyers |
Abdul Sattar Lakhani,
Mansoor-ul-Arfin,
Muhammad Ali Haider,
Ms. Sofia Saeed Shah
|
| Petitioners |
KHALID JAWAID AND BROTHER (KJB)
|
| Respondents |
SONERI BANK LTD.
|
| Citations |
2011 SLD 289,
2011 CLD 430
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
54,
151
|