Law: Contract Act, 1872

Section: 151,161

Law: Civil Procedure Code (V of 1908)

Section: O.XXIX,R.1

(a) Contract Act (IX of 1872).......... .......... Sections 151 & 161..........Civil Procedure Code (V of 1908), O.XXIX, R.1..........Bailee, responsibilities of.......... Scope.......... Suit by company..........Maintainability..........Bailee's responsibility when goods were not returned..........Two Directors of company recorded their separate approvals to file the suit..........Suit had been filed by a competent person who was the then Director and Principal Officer of the company..........Suit was maintainable in circumstances..........Bailee had to exercise due care and diligence with regard to goods bailed to him..........If bailed goods were not returned, delivered or tendered on the proper time and such default resulted in any loss, bailee would be liable for such Sections .........Suit was decreed. Messrs Muhammad Siddiq Muhammad Umar and another v. The Australasia Bank Ltd. PLD 1966 SC 684; PLD 1959 SC 550; Abdul Hameed Khan v. Mrs. Saeeda Khalid Kamal Khan PLD 2004 Kar. 17 ref. Messrs Muhammad Siddiq Muhammad Umar and another v. The Australasia Bank Ltd. PLD 1966 SC 684; Khan Iftikhar Hussain Khan of Mamdot v. Messrs Ghulam Nabi Corporation Ltd. Lahore PLD 1971 SC 550; Abdul Rahim and others v. Messrs United Bank Ltd. of Pakistan PLD 1997 Kar. 62; Trading Corporation of Pakistan v. Merchant Agency, the Trading Corporation Case 2007 CLC 1811; Messrs Mastersons v. Messrs Ebrahim Enterprises and another and 1988 CLC 1381 and Sri Narasimhaswami, Namagiri Amman and Sri Ranganathaswami Temples v. Muthukrishna Iyengar AIR 1962 Madras 244 (V 49 C 57) rel. (b) Maxim......... "Res ipsa loquitur"..........Meaning. JUDGMENT MUHAMMAD FAISAL KAMAL ALAM, JUSTICE.......... The Rice Export Corporation of Pakistan Limited, the predecessor-in-interest of the present Plaintiff, that is, the Trading Corporation of Pakistan ("TCP"), a public sector company, has filed the present suit for Recovery of Rs.1,74,86,134.14 (Rupees One Crore Seventy Four Lacs Eighty Six Thousand One Hundred Thirty Four and Fourteen Paisas) against the Defendant, with the following prayer: (i) Decree for a sum of Rs.1,74,86,134.14 against the Defendants with interest and for mark up at 14%…

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