Law: Civil Procedure Code (V of 1908)

Section: 71,36

Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)--- ----Ss. 3 & 7---Contract Act (IX of 1872), S. 73---Civil Procedure Code (V of 1908), O.XXI, R. 71 & S. 36---Admiralty jurisdiction---Recovery of loss---Consent order---Appellant/plaintiff was Trading Corporation of Pakistan (Pvt) Ltd. who sought recovery of loss caused by respondents/defendants---Validity---Order assailed had been passed by consent of parties, whereas, appellant/plaintiff failed to make out a case that there had been deliberate default or non-compliance of contractual obligations by respondent/auction purchaser---Appellant/plaintiff also failed to demonstrate as to how and to what extent, such partial default on the part of respondent/auction purchaser caused any loss and damage to appellant/plaintiff---High Court directed Official Assignee to release proportionate earnest money in respect of remaining 1/3rd quantity of sugar, which could not be lifted in favour of appellant/plaintiff (Trading Corporation of Pakistan), whereas, remaining amount could be adjusted/returned to respondent/ auction purchaser after proper verification and identification---Appeal was disposed of accordingly. ORDER AQEEL AHMED ABBASI, JUSTICE:---.--- Being aggrieved and dis-satisfied with the order dated 16.04.2015 passed by the learned Single Judge of this Court in Admiralty Suit No.14/2006 filed by the appellant i.e. Trading Corporation of Pakistan (Pvt.) Ltd. Against respondent No.1 i.e. Mv Han Zhong Men and others, directing the forfeiture of earnest money of respondent No.1 proportionate of the quantity of sugar not lifted by it, the appellant has preferred instant Admiralty Appeal on the following facts and grounds:- (1) That in the year 2006 the Appellant imported sugar from India. The vessel (Respondent No.1) carrying 17,009.800 metric tons (MT) of sugar reached Karachi in the end of August 2006. On inspection, the sugar was found badly damaged by water. The Respondent No.1 assured to compensate the loss and undertook to give such Bank Guarantee after discharging the goods. (2) Apprehending that the Respondent No.1, after discharging the goods, might run away without giving the Bank…

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