| Case ID |
2aba73e1-1a34-4a9a-a6ab-41da7d24365a |
| Body |
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| Case Number |
Suit No. 517 of 2001 |
| Decision Date |
Nov 07, 2013 |
| Hearing Date |
Oct 14, 2013 |
| Decision |
The Sindh High Court ruled in favor of the plaintiff, NAMA LIKA SILK INDUSTRIES, decreeing the suit for a total of Rs. 1,600,000 along with a mark-up at 15% per annum from the respective dates of payments. The court found that the defendants failed to deliver the car as per the agreed terms despite receiving part payments. The plaintiff was deemed entitled to a refund and damages due to the breach of contract by the defendants. The suit against Defendant No. 4 was dismissed with no order as to costs. |
| Summary |
In the case of NAMA LIKA SILK INDUSTRIES vs. Messrs ULTIMATE DRIVING MACHINE, the Sindh High Court addressed the complexities of contract law under the Contract Act of 1872. The plaintiff claimed damages for non-performance after the defendant failed to deliver a BMW car as per the contract terms. The court found that the defendants had not only accepted part payments but had also waived the condition for advance payment, thereby altering the contract terms. The ruling emphasized the importance of reciprocal promises in contracts and established that the plaintiff was entitled to damages due to the breach. This case highlights the significance of understanding contractual obligations, especially in commercial transactions involving high-value goods. Keywords: Contract Law, Breach of Contract, Damages, Sindh High Court, BMW Car Sale. |
| Court |
Sindh High Court
|
| Entities Involved |
Defendant No. 4,
Defendant No. 3,
NAMA LIKA SILK INDUSTRIES,
Messrs ULTIMATE DRIVING MACHINE
|
| Judges |
NADEEM AKHTAR, J
|
| Lawyers |
Khalid Daudpota,
Abdul Haleem Siddiqui,
Abdul Qayyum Abbasi
|
| Petitioners |
NAMA LIKA SILK INDUSTRIES
|
| Respondents |
Defendant No. 3,
Defendant No. 4,
Messrs ULTIMATE DRIVING MACHINE
|
| Citations |
2014 SLD 113 = 2014 PLD 100
|
| Other Citations |
Banque Indosuez v. Banking Tribunal for Sindh and Balochistan and others 1994 CLC 2272,
Abdul Majeed Khan v. Tawseen Abdul Haleem and others 2012 CLD 6
|
| Laws Involved |
Contract Act, 1872
|
| Sections |
55,
62,
53,
54
|