| Case ID |
20635926-bc8d-417b-b842-c31d1a65270d |
| Body |
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| Case Number |
Suit No.613 of 2001 |
| Decision Date |
Oct 31, 2001 |
| Hearing Date |
|
| Decision |
The Sindh High Court decreed the suit in favor of the plaintiff, Qatar Airways, allowing the application under Order XII, Rule 6 of the Civil Procedure Code. The court found a clear, unambiguous, and unqualified admission of the amount claimed by the plaintiff by the defendant, Genyis International (PVT.) LTD. The plaintiff was entitled to recover a sum of Rs.29,568,431, representing the outstanding balance of sale proceeds from airline tickets sold by the defendant while acting as the General Sales Agent for the plaintiff. The court noted that the mere existence of a cross-case by the defendant did not provide a valid ground to deny the application for judgment based on the admission. The suit will continue for the recovery of any remaining outstanding claims not covered in the preliminary decree. |
| Summary |
In the case of Qatar Airways vs. Genyis International (PVT.) LTD., the Sindh High Court addressed a recovery suit where the plaintiff sought to enforce a claim based on an admission made by the defendant. The court emphasized the importance of clear admissions in legal proceedings, particularly under the Civil Procedure Code. The plaintiff, Qatar Airways, was represented by Zahid F. Ebrahim, while the defendant was represented by Abid Sheerazi. The case revolved around the General Sales Agent Agreement between the parties, which was terminated, leading to disputes over the sale proceeds of airline tickets. The court's decision underscores the significance of proper documentation and admissions in legal cases, reinforcing that mere counterclaims do not negate the obligations established by clear admissions. This case serves as a critical reference for similar disputes in commercial law, highlighting the role of admissions in expediting justice and resolving claims efficiently. It also illustrates the procedural mechanisms available to litigants in Pakistan's legal framework, particularly in relation to the Civil Procedure Code. |
| Court |
Sindh High Court
|
| Entities Involved |
QATAR AIRWAYS,
GENYIS INTERNATIONAL (PVT.) LTD.
|
| Judges |
ZIA PERWEZ, J
|
| Lawyers |
Zahid F. Ebrahim,
Abid Sheerazi
|
| Petitioners |
QATAR AIRWAYS
|
| Respondents |
GENYIS INTERNATIONAL (PVT.) LTD.
|
| Citations |
2002 SLD 1802,
2002 CLC 449
|
| Other Citations |
State Life Insurance Corporation of Pakistan v. Walli Muhammad Akbarji and others 1985 CLC 2870,
Shaikh Mahmood Ahmed v. Ghaith Pharaon 1987 CLC 2131,
Mian-Tajamul Hussain and 3 others v. State Life Insurance, Corporation of Pakistan 1993 SCMR 1137,
Mrs. Haseema v. Mrs. Shafqat Malik 2001 CLC 1224,
Mercantile Fire and General Insurance Co. of Pakistan Ltd. v. Messrs Imam & Imam Ltd. 1989 CLC 2117,
H. Gharibullah v. Mst. Mumtaz Begum and others 1990 CLC 1609,
Sher Bahadur and others v. Muhammad Amin and others AIR 1929 Lah. 569
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XII. R. 6
|