Law: National Bank of Pakistan (NBP) Ordinance, 1949

Section: 7 , 12 , 13 , 15

Law: Civil Procedure Code (V of 1908)

Section: 20

ORDER

The plaintiffs have claimed Rs. 3,64,704 on the allegation that Khybel Express Limited Peshawar were the agents of the plaintiffs for selling air tickets on credit which was known to the defendant No. 1. Khyber Express Limited, which is in liquidation, issued and delivered to the plaintiffs a cheque dated 30-4-1968 drawn upon defendant No. 2 for Rs. 1,84,956.46. This cheque was delivered to defendant No. 1 on 1-5-1968 who presented the same for collection on 30-5-1968. Two more cheques dated 15th May, 1968 for Rs. 1,63,076.64 and Rs. 16,671.30 were delivered by Khyber Express to the plaintiffs who deposited them with the defendant No. 1 on 16-5-1978. All the three cheques were deposited with a branch of defendant No. 1 at Peshawar. The defendant No. 1 presented these cheques to defendant No. 2 for collection on 30th May 1968. On 12th June 1968, the plaintiffs were for the first time informed by defendant No. 1 that the cheques have been dishonoured. The plaintiffs have alleged that due to mala fide and wilful delay and/or negligence on the part of the defendant No. 1 in failing to clear the said cheque in the normal course of business and presenting the same with the defendant No. 2 for collection, the aforesaid three cheques were dishonoured when they were finally presented, as a result of which the plaintiffs have suffered a loss of Rs. 3,64,704. The defendant filed their written statement and denied their liability. The following Issue No. 10 is being tried as a preliminary issue;--