Law:

Section:

(a) Suit for damages Compensation for breach of contract where penalty stipulated forScopes assailed passed by Single Judge of High Court whereby their claim for grant of liquidated damages was disallowed, however, special damages were grantedValidityEvidence which was reckoned and considered cogent for grant of relief of recovery of one chunk of amount, out of same evidence, could not be distinguished and discarded for liquidated damages emanating from the decreed claims were held entitled for liquidated damages and general damagesAppeal was allowed. (b) Pleadings He who alleges must prove and in case he fails to prove the issue, the presumption goes against him. State Life Insurance Corporation of Pakistan through Chairman and 3 others v. Mst. Safia Begum 2001 CLC 408; Muhammad Akram alias Akan v. Mst. Pathani through Legal Heirs and 5 others 2001 MLD 1037 and Ruqiya Bibi v. Samiullah 2004 YLR 2607 rel. JUDGMENT MRS. RASHIDA ASAD, J. Through instant Appeal, the appellants have assailed the judgment and decree dated 29.05.2020, passed by the learned Single Judge of this Court in Suit No. 1569/2001, whereby, the suit of appellants/plaintiffs against respondent No.1 was partially decreed to the extent of payment of USD 120,000.00 to be paid from the amount of USD 200,000.00 already deposited with the Nazir of this Court. 2. The relevant facts of the appeal are that the appellants as a private limited company incorporated under the Companies Ordinance, 1984, are carrying on and involved in the business of general traders, buyers, sellers, importers, exporters, contractors, industry and in all kinds of deep sea fishing, whereas, the respondent No.1 (a corporate entity operating under the laws of China) used to act and operate in Pakistan through respondents Nos. 2 and 3, being authorized representative. As such, the appellant No. 1, entered into four different Agreements with respondent No.1, interalia, for provision of two deep sea fishing trawlers. The dates of said Agreements were 18.06.1997, 10.11.1997, 14.01.1998 and 07.08.1998 respectively. These Agreements contain terms relating to the framework for operating the two deep sea fishing trawlers viz.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492