| Case ID |
37ef9a32-9b13-46c8-b488-a24e34ce7ad0 |
| Body |
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| Case Number |
Civil Miscellaneous Application No. 6433 of 1986 i |
| Decision Date |
Feb 11, 1987 |
| Hearing Date |
|
| Decision |
The court decided to appoint the Nazir as Receiver to protect the high-value machinery on site from deterioration and loss. The decision was made in light of the plaintiff's concerns regarding the care and management of the machinery, which was at risk of becoming junk if not properly looked after. The appointment of the Receiver was deemed to be in the best interest of all parties involved, especially given the ongoing disputes and the history of litigation surrounding the case. |
| Summary |
In the case of 'M. IFTIKHAR & Co. LIMITED vs UZINEXPORTIMPORT ENTERPRISES', the Sindh High Court addressed a critical issue involving the appointment of a Receiver under the Civil Procedure Code. The plaintiff, M. IFTIKHAR & Co., sought the appointment of a Receiver to manage high-value machinery on a project site after a series of disputes with the defendants. The court recognized the importance of preserving the machinery from potential damage due to neglect or adverse weather conditions. The decision emphasized the need for proper oversight of valuable assets in ongoing contractual disputes, highlighting the court's role in facilitating fair management of resources involved in construction projects. This case underscores significant legal principles related to receivership and asset management in civil disputes, which can serve as a precedent for similar cases in the future. |
| Court |
Sindh High Court
|
| Entities Involved |
Defendant No. 1,
Defendant No. 2,
Defendant No. 3,
M. IFTIKHAR & Co. LIMITED,
UZINEXPORTIMPORT ENTERPRISES
|
| Judges |
LBADAT YAR KHAN, J
|
| Lawyers |
Kamal Azfar,
Muhammad Sharif,
Muhammad Jamil,
A.H. Mirza
|
| Petitioners |
M. IFTIKHAR & Co. LIMITED
|
| Respondents |
Defendant No. 2,
Defendant No. 3,
Defendant No. 1,
UZINEXPORTIMPORT ENTERPRISES
|
| Citations |
1992 SLD 725,
1992 CLC 788
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O XL, R.1,
S. 94
|