| Case ID |
0f878238-a073-42f5-a809-61dbc1c69900 |
| Body |
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| Case Number |
Suit No. 182 of Civil Miscellaneous Applications N |
| Decision Date |
Jan 31, 1991 |
| Hearing Date |
|
| Decision |
The court ruled on various aspects of jurisdiction, discretion, and the admissibility of foreign decrees. It was concluded that legal objections do not get foreclosed merely due to prior waivers in other proceedings. The court emphasized that no consent can confer jurisdiction where none exists by law. It was determined that interim relief could be granted to the Committee of Receivers, affirming the prima facie right to pursue the assets of the defendant in Pakistan. The court also issued an interim injunction restraining the defendants from transferring shares in the disputed assets while the case is pending, ensuring the protection of the plaintiff's rights. |
| Summary |
The case revolves around a suit filed by the Committee of Receivers of Assets of Mr. Abdul Wahab Galadari against Abdul Wahab Ebrahim Galadari concerning the ownership and control of certain shares in a Pakistani company, Hayat Services (Pakistan) Limited. The plaintiffs sought to enforce a Royal Decree issued in Dubai, claiming it vested the assets in them for the management of the defendant's financial affairs. The court examined issues of jurisdiction, the applicability of foreign decrees, and the principles governing interim relief. The ruling highlighted the importance of maintaining the status quo to prevent irreparable harm while the case is adjudicated. Keywords such as 'jurisdiction', 'interim relief', 'foreign decree enforcement', and 'legal rights protection' are essential for understanding the case's implications. |
| Court |
Sindh High Court
|
| Entities Involved |
Abdul Wahab Galadari,
Hayat Services (Pakistan) Limited,
Union Bank of Middle East Ltd.
|
| Judges |
WAJIHUDDIN AHMED, J
|
| Lawyers |
Liaquat Merchant for Plaintiffs,
Khalid M. Ishaq for Defendants
|
| Petitioners |
THE COMMITTEE OF RECEIVERS OF ASSETS OF MR. ABDUL WAHAB GALADARI
|
| Respondents |
and anothers,
ABDUL WAHAB EBRAHIM GALADARI
|
| Citations |
1991 SLD 1740,
1991 CLC 694
|
| Other Citations |
Shamsuddin Khan v. Shamsuzzaman 1970 D L C 684,
M.O. Ghani v. A.N.M. Mahmood P L D 1906 SC 802
|
| Laws Involved |
Qanun-e-Shahadat,
Civil Procedure Code
|
| Sections |
30,
132,
V of 1908, O.XIX, R.2,
OXXXIX, Rr. 1 & 2,
9
|