| Case ID |
038573fe-96d5-4cd9-a67d-90e0bae60f3c |
| Body |
View case body. Login to View |
| Case Number |
CMA. No. 4954 of 1987 (in Suit No. 825 of 1987) |
| Decision Date |
Sep 01, 1988 |
| Hearing Date |
|
| Decision |
The court accepted the application under Order 38, Rule 5, C.P.C., stating that the defendants are intending to leave the country to frustrate or delay the execution of any decree that may be passed against them. The court directed the defendants to furnish security in the amount of Rs. 9,42,848.77 within a month, failing which attachment before judgment would be issued against the assets and office premises of the defendant No. 1, and the passports of defendants Nos. 2 to 7 would be impounded. |
| Summary |
In this significant case heard by the Sindh High Court, the Travel Agents Association of Pakistan filed a suit against M/s. Skyline (Pvt.) Travels Limited and its directors for the recovery of Rs. 9,42,848.77, citing defaults in payments owed to various airlines. The crux of the matter revolved around the application for attachment before judgment under the Civil Procedure Code, specifically Order 38, Rule 5. The court emphasized the necessity for the plaintiff to provide specific evidence showing that the defendants intended to leave the country to avoid fulfilling their financial obligations. Mr. Sadruddin Hudda represented the plaintiff, arguing that the defendants' intention was clear, while Mr. N.K. Jatoi was tasked with providing proof of payments. The court ultimately ruled that the defendants must furnish security to prevent any potential evasion of the decree, reinforcing the legal standards governing such applications. This case highlights the importance of adhering to procedural requirements in civil litigation and serves as a precedent for similar future cases where attachment before judgment is sought. |
| Court |
Sindh High Court
|
| Entities Involved |
M/s. Skyline (Pvt.) Travels Limited
|
| Judges |
SYED ABDUR RAHMAN, J
|
| Lawyers |
Mr. Sadruddin Hudda,
Mr. N.K. Jatoi
|
| Petitioners |
TRAVEL AGENTS ASSOCIATION OF PAKISTAN
|
| Respondents |
Ms. SKYLINE (PVT.) TRAVELS LTD.,
defendants Nos. 2 to 7
|
| Citations |
1992 SLD 957,
1992 CLC 1644
|
| Other Citations |
PLD 1976 Kar. 926,
PLD 1977 Kar. 771,
PLD 1979 Kar. 723,
PLD 1982 Kar. 701,
1982 CLC 1300,
1985 CLC 38
|
| Laws Involved |
Civil Procedure Code
|
| Sections |
OXXXVIII, R.5
|