| Case ID |
007c9c84-1468-4b1c-99b5-0aee14e530fc |
| Body |
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| Case Number |
First Appeal from Order No.49 of 1997 |
| Decision Date |
Oct 09, 1998 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the appeals, determining that the execution of the decree could not proceed against the appellant, Vneshnee Conomisheskoje Objedinenije Technopromexport, Moscow, due to the disintegration of the USSR and the lack of direct legal connection to the original defendant, V.O. Technopromexport. The Court ruled that the executing court had the authority to reassess the decree's executability under extraordinary circumstances, particularly given the significant geopolitical changes that occurred during the pendency of the case. The attached amounts were not released immediately to allow parties to seek further legal remedies. |
| Summary |
This case involves complex issues of international law and jurisdiction arising from the disintegration of the USSR. The Lahore High Court evaluated the execution of a decree against a Russian entity, Vneshnee Conomicheskoje Objedinenije Technopromexport, which claimed no liability due to its separate legal identity post-USSR dissolution. The Court emphasized that the executing court must adhere to jurisdictional boundaries while also considering extraordinary circumstances, such as the dissolution of a state entity impacting legal obligations. The decision underscores the necessity for clear legal connections in international contractual relationships, especially following significant geopolitical changes. |
| Court |
Lahore High Court
|
| Entities Involved |
Union of Soviet Socialist Republic,
Consulate General of the Union of Socialist Republic,
Vneshnee Conomicheskoje Objedinenije Technopromexport, Moscow,
Bari Sons (Pakistan) Limited,
National Bank of Pakistan WAPDA House Branch,
Emirates Bank International
|
| Judges |
TANVIR AHMAD KHAN, J
|
| Lawyers |
S.M. Zafar,
Ali Zafar,
Aziz A. Munshi,
Shahid Waheed,
Tariq Rahim
|
| Petitioners |
VNESHNEE CONOMICHESKOJE OBJEDINENUE TECHNOPROMEXPORT, MOSCOW
|
| Respondents |
BARISONS (PAKISTAN) LIMITED, KARACHI
|
| Citations |
1999 SLD 797 = 1999 CLC 331
|
| Other Citations |
Muhammad Lal v. Abdul Qaddus PLD 1975 Quetta 29,
Muhammad Ali and others v. Ghulam Sarwar and others 1989 SCMR 640,
Brig. (Retd.) Muhammad Aslam Khan v. The Azad Government of the State of Jammu and Kashmir, through the Secretary Forest Department, Muzaffarabad and another 1983 CLC 1204,
Messrs Haji Ahmad & Company v. Muhammad Siddique and others PLD 1965 (W.P.) Kar. 293,
Heera Lal Patni v. Siri Kali Nath AIR 1962 SC (Ind.) 199,
Ainuddin Bepari and others v. Banessa Bibi and another PLD 1969 Dacca 658,
Islamic Republic of Pakistan v. Muhammad Saeed PLD 1961 SC 192,
Abdul Malek Miah v. Moslemuddin (Mokleshuddin) Sheikh PLD 1970 Dacca 743,
Saifee Development Corporation. Ltd., Karachi v. M.A. Karim PLD 1974 Kar. 426,
Messrs Capital Farm, Islamabad v. National Development Finance Corporation PLD 1996 Lah. 99,
Muhammad Aslam Siddiqui v. Mst. Haseena Begum 1986 MLD 735,
Mst. Iffat Masood and 2 others v. Rehmat Ali PLD 1990 Lah. 359,
Barkat Rai and others v. Mst. Ghulam Fatima AIR 1921 Lah. 219,
Chilya Corrugated Board Mills Ltd. v. M. Ismail and another 1992 CLC 2524
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
47
|