Law:

Section:

Karachi Port Trust Act (VI of 1886)--- ----Ss. 47 & 48---Civil Procedure Code (V of 1908), O.VII, R.2 & O.XXXIX, Rr.1 & 2---Suit for recovery of money and injunction---Freight, payment of---Grievance of plaintiff company against shipping company was that due to local shipping agent, a delay was caused in unloading product from vessel and it resulted in incurring of demurrage and other avoidable expenses/charges---Validity---Document produced by plaintiff as Bill of Lading was though not forged but it did not fulfil requirement of Bill of Lading and same could be considered as such--- Bill of Lading produced by shipping company was genuine as it fulfilled its statutory requirements---Plaintiff was required to pay freight to shipping company as Bill of Lading clearly mentioned that 'freight to be collected at destination port'---Such legal and factual position was backed by Ss. 47 & 48 of Karachi Port Trust Act, 1886 and goods could not be removed from public warehouse or sheds until freight in respect thereof was paid either to master or owner of vessel--- Suit was decreed accordingly. A.P. Moller v. Taxation Officer of Income Tax 2011 PTD 1460 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, J.- This is a suit, filed by the Plaintiff-Diamond Weld Rods (Pvt.) Limited, for recovery of Rs.49,39,445.00 (Rupees Forty Nine Lacs Thirty Nine Thousand Four Hundred Fifty Five Only) against the Defendants. Following relief has been sought by the Plaintiff:- "The Plaintiff, therefore, prays as under: - i) Judgment and Decree for Rs.49,39,445. 00 against Defendants Nos.1, 2 and 3 jointly and severally. ii) Interest @ 20% per annum from the date of the suit till the payment of decretal amount. iii) Permanent injunction restraining Defendant No.4 from remitting to Defendant No.1 an amount equal to the claim of the Plaintiff in this suit. iv) Cost of the Suit. v) Any other relief which this Hon'ble Court may deem fit and proper in the circumstances of the case". 2. After service of notice, only Defendant No.2 contested the claim of Plaintiff by filing its Written Statement. Remaining Defendants were ordered to be proceeded ex parte, by the order…

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