| Case ID |
03222bc7-43e0-463c-8bcb-9c7998260b8d |
| Body |
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| Case Number |
Suit No.675 and Civil Miscellaneous Application No |
| Decision Date |
Aug 07, 1998 |
| Hearing Date |
|
| Decision |
The court ruled that the plaintiff did not have a legal right to the property or a legal character necessary to justify the relief sought. The balance of convenience and factors relating to irreparable injury were not in the plaintiff's favor. Consequently, the interim order that had been issued in favor of the plaintiff was recalled. The court emphasized the necessity of a strong case of fraud or other wrongful advantage to stop payments due under a Letter of Credit, thereby underscoring the sanctity of such financial instruments in international trade. |
| Summary |
In the case of AJAZ ANIS vs. TARIQ ISA and others, the Sindh High Court addressed significant issues surrounding agency agreements and the validity of claims for commission under contracts for the supply of iron ore. The plaintiff, AJAZ ANIS, sought recovery of a substantial amount based on his alleged entitlement to commission from Pakistan Steel Mills. The court found that the plaintiff failed to establish a prima facie case for the relief sought, particularly regarding the legal standing necessary to claim an interim injunction. Furthermore, the court highlighted the importance of the Letter of Credit mechanism in international trade, asserting that payments due under such instruments should not be interfered with without clear evidence of fraud or misconduct. This ruling underscores the necessity for clear legal rights and the preservation of contractual integrity in commercial transactions, making it a pivotal case for understanding agency law and the principles governing Letter of Credit transactions. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Steel Mills Corporation,
Sarela Trading Company
|
| Judges |
RANA BHAGWAN DAS, J
|
| Lawyers |
Asghar Farooqui,
Kazim Hassan,
Kamal Azfar,
Moin Azhar
|
| Petitioners |
AJAZ ANIS
|
| Respondents |
TARIQ ISA,
Defendants Nos. 1, 2, 4, 5, 6, 7
|
| Citations |
1999 SLD 783,
1999 CLC 259
|
| Other Citations |
Malas and another v. British Imex Industries Limited (1958) 1 All ELR 262,
Power Curber International Ltd. v. National Bank of Kuwait (1981) 3 All ELR 607,
Tarapore & Co. v. V.O. Tractors (1969) 1 SCC 233,
Kohinoor Trading (Pvt.) Ltd. v. Mangrani Trading Co. 1987 CLC 1533,
Allied Industries Hub (Pvt.) Ltd. v. China National Metals 1989 MLD 2027,
Banque Indosuez Belgium v. Haral Textile Ltd. 1998 CLC 582
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Negotiable Instruments Act (XXVI of 1881)
|
| Sections |
O. XXXIX, Rr. 1 & 2,
S. 5
|