| Case ID |
049dfba9-ba0c-42ea-bc47-bcfa0fa6b674 |
| Body |
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| Case Number |
Suit No. 1151 of 1997 |
| Decision Date |
Feb 18, 1999 |
| Hearing Date |
|
| Decision |
The Sindh High Court decreed the suit in favor of the plaintiff, Messrs Suzuki Motorcycle Pakistan Limited, for the recovery of Rs. 1,698,756 along with mark-up at the rate of 16% per annum from the date of the institution of the suit until its payment. The court found that it had territorial jurisdiction as the appointment of the defendant as a dealer was approved in Karachi, and payments were remitted there, despite the motorcycles being delivered in Gujranwala. The evidence presented included various documents such as delivery challans, sale invoices, and statements of account, which substantiated the plaintiff's claim. |
| Summary |
In the case between Messrs Suzuki Motorcycle Pakistan Limited and Tariq Jawed, the Sindh High Court addressed a suit for the recovery of outstanding payments for motorcycles supplied on credit. The plaintiff, a motorcycle manufacturer, claimed that the defendant, appointed as a dealer, failed to remit payment despite acknowledging the debt in various correspondences. The court examined the territorial jurisdiction and found it vested due to the nature of the transactions conducted in Karachi, including order placements and payment remittances, although delivery occurred in Gujranwala. The court decreed the suit in favor of the plaintiff for a significant sum, highlighting the importance of jurisdiction in commercial disputes. This case reinforces the principles of contractual obligations and payment recovery in civil procedure, emphasizing the necessity for clear documentation and acknowledgment of debts in business transactions. |
| Court |
Sindh High Court
|
| Entities Involved |
Messrs SUZUKI MOTORCYCLE PAKISTAN LIMITED,
TARIQ JAWED
|
| Judges |
MUSHTAQ AHMED MEMON, J
|
| Lawyers |
S. Amjad Hussain
|
| Petitioners |
Messrs SUZUKI MOTORCYCLE PAKISTAN LIMITED
|
| Respondents |
TARIQ JAWED
|
| Citations |
2000 SLD 1924,
2000 CLC 1093
|
| Other Citations |
Messrs Agricides (Pvt.) Ltd. v. Messrs Ali Agro Supply Corporation Ltd. 1988 CLC 59,
West Pakistan Industrial Development Corporation v. Messrs Sheikh Muhammad Amin & Co. 1992 CLC 2047,
Muhammad Yasin v. Ch. Muhammad Abdul Aziz PLD 1993 SC 395
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
9,
16,
17,
20,
120
|