| Case ID |
372b25b8-a895-41fe-b32f-d09ada4f64a8 |
| Body |
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| Case Number |
Suit No. 641 of 2011 |
| Decision Date |
Jan 31, 2015 |
| Hearing Date |
Nov 27, 2014 |
| Decision |
The High Court declined to grant leave to defend the suit, ruling that the defendant failed to raise any plausible defense or triable issue. The suit was decreed in favor of the plaintiff for the recovery of Rs. 15,098,520 along with profit at the rate of 19% per annum from the date of the suit until realization, along with costs of the suit. The plaintiff was able to prove that the cheques issued by the defendant were dishonored due to insufficient funds, and the defendant's arguments regarding the validity of the suit and the issuance of the cheques were found to be without merit. |
| Summary |
In the case of Suit No. 641 of 2011, the Sindh High Court addressed a claim by EFU General Insurance Limited against Nina Industries Limited for the recovery of outstanding insurance premiums amounting to Rs. 15,098,520. The court found that the defendant had issued multiple cheques which were subsequently dishonored due to insufficient funds. The plaintiff successfully demonstrated that the cheques were issued in acknowledgment of the debt for insurance premiums owed, and the defendant's attempts to deny liability were unconvincing. The court's decision emphasized the importance of honoring financial obligations and the enforceability of cheques as negotiable instruments. The ruling highlighted legal principles under the Civil Procedure Code, particularly in summary suits involving dishonored cheques, reinforcing the necessity for defendants to present credible defenses to avoid default judgments. Keywords include 'insurance premium recovery', 'dishonored cheques', 'summary suits', and 'Sindh High Court decisions'. |
| Court |
Sindh High Court
|
| Entities Involved |
EFU GENERAL INSURANCE LIMTED,
NINA INDUSTRIES LIMITED
|
| Judges |
SYED SAEEDUDDIN NASIR
|
| Lawyers |
Naeem Ahmed,
Mujahid Bhatti
|
| Petitioners |
Messrs EFU GENERAL INSURANCE LIMTED, Karachi
|
| Respondents |
Messrs NINA INDUSTRIES LIMITED, Karachi
|
| Citations |
2015 SLD 2335,
2015 CLC 1104
|
| Other Citations |
2011 CLD 1757,
2010 CLD 920,
2004 SCMR 1747,
2011 CLC 172,
1985 CLC 3023,
2011 MLD 1024,
1985 MLD 181,
1993 MLD 637,
1985 MLD 916,
1988 MLD 316,
1993 MLD 1239,
1980 CLC 1919,
2010 CLD 701,
PLD 1959 SC (Pak) 258,
2007 CLC 657,
1993 MLD 997,
2010 PLC (C.S.)1150,
2004 CLC 356,
2008 CLD 239
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XXXVII, Rr.1 & 2
|