| Case ID |
382900af-9ef5-49b2-9d2f-525c7ffd5d69 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 593 of 2020 |
| Decision Date |
Apr 16, 2021 |
| Hearing Date |
Apr 16, 2021 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal regarding the specific performance of a vehicle order agreement. The case revolved around a breach of contract where the petitioner, Performance Automotive (Pvt.) Ltd., failed to deliver a customized vehicle to the respondent, Akbar Adamjee. The court found that the ordered vehicle constituted specific or ascertained goods as defined under Section 58 of the Sale of Goods Act, 1930. The court ruled that specific performance could be granted despite the petitioner's claim that the agreement had been cancelled and a refund requested. The decision emphasized the importance of fulfilling contractual obligations when specific goods are involved, rejecting the idea that damages could serve as adequate compensation. The ruling reinforced the principle that the court may direct specific performance without allowing the defendant the option of retaining the goods for damages, thus upholding the rights of the buyer in cases involving unique or specially ordered items. |
| Summary |
In the case of Performance Automotive (Pvt.) Ltd. vs. Akbar Adamjee and Others, the Supreme Court of Pakistan addressed a dispute concerning the breach of a vehicle order agreement. The petitioner, Performance Automotive, contended that due to issues with customs clearance, they were unable to deliver a customized Porsche vehicle to the respondent, Akbar Adamjee. The court examined the relevant provisions of the Sale of Goods Act, specifically Section 58, which allows for specific performance in cases involving specific goods. The court ruled that the vehicle in question was indeed a specific good, as it was specially manufactured to the respondent's specifications. The ruling highlighted that damages could not suffice as remedy for the breach, reinforcing the legal principle that specific performance must be enforced for unique goods. The decision reflects the judicial commitment to uphold contractual agreements and protect consumer rights in the context of high-value transactions involving customized products. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Performance Automotive (Pvt.) Ltd.,
Akbar Adamjee
|
| Judges |
Yahya Afridi,
Qazi Muhammad Amin Ahmed
|
| Lawyers |
Muhammad Umar Lakhani,
Mehmood A. Sheikh,
Kh. Shams-ul-Islam,
Nisar A. Mujahid,
Raja Abdul Ghafoor
|
| Petitioners |
Performance Automotive (Pvt.) Ltd.
|
| Respondents |
Others,
Akbar Adamjee
|
| Citations |
2021 SLD 2693,
2021 SCMR 1257
|
| Other Citations |
Messrs Petrocommodities (Pvt.) Ltd v. Rice Export Corporation of Pakistan PLD 1998 Kar. 1,
Agha Saifuddin Khan v. Pak Suzuki Motors Company Limited and others 1997 CLC 302
|
| Laws Involved |
Sale of Goods Act, (III of 1930),
Specific Relief Act, 1877
|
| Sections |
21(4),
58,
12
|