| Citation(s) |
|---|
| 2023 SLG 2171 2023 SLD 2171 2023 CLD 1436 |
Lahore High Court
R.F.A. No. 70441 of 2022, heard on 16th January, 2023.Date of hearing: 16th January, 2023.
Before Ch. Muhammad Iqbal, J
Abdul Hameed Chohan for Appellant. Muhammad Hamza Amjad for
Respondent.
R.F.A. No. 70441 of 2022, heard on 16th January, 2023.Date of hearing: 16th January, 2023.
Before Ch. Muhammad Iqbal, J
Abdul Hameed Chohan for Appellant. Muhammad Hamza Amjad for
Respondent.
AL BARAKA BANK (PAKISTAN) LIMITED through Authorized Attorneys---Appellant
VERSUS
SUI NORTHERN GAS PIPELINES LIMITED through General Manager---Respondent
Law: Qanun-e-Shahadat (10 of 1984)
Section: 72
Law: Gas (Theft Control and Recovery) Act, (XI of 2016)
Section: 6,13
(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 72---Documentary evidence---Scope---Documentary evidence always takes preference over oral deposition as a man can tell a lie but a document cannot. Abdul Ghani and others v. Mst. Yasmeen Khan and others 2011 SCMR 837 and Saleem Akhtar v. Nisar Ahmad PLD 2000 Lah. 385 rel. (b) Gas (Theft Control and Recovery) Act (XI of 2016)--- ----Ss. 6 & 13---Suit for recovery of outstanding gas charges---Bank guarantee, encashing of---Sui Northern Gas Pipelines Limited filed suit against appellant/Bank to encash bank guarantee provided in favour of consumer company to recovery outstanding gas charges of customer company---Suit was decreed in favour of plaintiff company---Validity---Bank guarantee claiming a categorical undertaking imposed absolute obligation on guarantor bank to pay guaranteed amount without being influenced by performance of the contract---High Court declined to interfere in judgment and decree passed by Trial Court as the same did not contain any illegality, material irregularity or misreading of evidence---Appeal was dismissed, in circumstances. Mst. Nur Jehan Begum through LRs v. Syed Mujtaba Ali Naqvi 1991 SCMR 2300; Chief Engineer, Irrigation Department, N.W.F.P. Peshawar and 2 others v. Mazhar Hussain and 2 others PLD 2004 SC 682 and Mst. Rehmat and others v. Mst. Zubaida Begum and others 2021 SCMR 1534 ref. Atif Mehmood Kiyani and another v. Messrs Sukh Chayn Private Limited, Royal Plaza, Blue Area, Islamabad and another 2021 SCMR 1446; Messrs National Construction Ltd. v. Aiwan-e-Iqbal Authority PLD 1994 SC 311; Standard Construction Company (Pvt.) Limited v. Pakistan through Secretary Ministry of Communications and others 2010 SCMR 524 and SEPCO-III Electric Power Constructions Co. Ltd. v. Federation of Pakistan through Secretary Ministry of Energy and 2 others 2022 CLD 1035 rel. JUDGMENT CH. MUHAMMAD IQBAL, J.---Through this regular first appeal under section 13 of The Gas (Theft Control and Recovery) Act, 2016 the appellant has challenged the validity of the judgment and decree dated 30.09.2022 passed by the learned Judge Gas Utility Court, Faisalabad whereby the suit for recovery of…
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