Law:

Section:

Karachi Port Trust Act (VI of 1886)--- ----S.87---Plaintiff was insurance company and filed recovery of money against Karachi Port Trust (KPT), for causing loss in consignment by short delivery to importer---Suit filed by plaintiff was decreed in its favour by Trial Court---Validity---Importer informed KPT vide letter dated 25-10-1986, about short delivery of consignment and KPT vide its letter dated 9-12-1986 informed importer that consignment was properly stuffed in containers, delivery of 14 containers was taken by Clearing Agent on 23-11-1986 under clean receipt, no compliant was lodged at the time of delivery for missing packages---Same position was spelled out from another document---Joint Survey Report revealed that five cases out of entire consignment were found missing, loss was ascertained, payment was made by plaintiff Insurance Company to importer under letter of subrogation---Correspondence exchanged between importer and KPT suggested that representative of KPT at the time of survey did not note factum of shortage of consignment between relevant time---High Court declined to interfere in the matter as KPT failed to point out any illegality or error in and decree passed by Single Judge of High Court---Intra-court appeal was dismissed in circumstances Trading Corporation of Pakistan (Pvt.) Ltd. v. Messrs S.R. International 2008 CLD 412; Premier Insurance Company of Pakistan and another v. Karachi Shipyard and Engineering Works Ltd. and another 2016 CLD 1983; Rice Export Corporation of Pakistan v. Mohammad Alam 2016 CLC 1326; Messrs Mastersons through its Partner v. Messrs Ebrahim Enterprises and another 1988 CLC 1381; Q.B.E. Insurance Limited v. The Trustees of the Port of Karachi through Chairman and others 1992 CLC 804 and Haji Adam v. Levant Line and 2 others PLD 1959 W.P. Kar. 369 ref. THIS JUDGMENT DELIVERED BY: ABDUL MAALIK GADDI, JUSTICE:---.--- Being aggrieved and dissatisfied with the Judgment dated 13.03.2006 and decree prepared and signed on 03.08.2006 passed by the learned Single Judge of this court in Civil Suit No. 571 of 1987, whereby the suit filed by the respondent for recovery of Rs.84,11,540.84/- against the appellant had been…

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