Case Details

Citation(s)
1989 SLG 1734 1989 SLD 1734 1989 SCMR 1500
Supreme Court of Pakistan
Civil Appeal No.60 of 1989, decision dated: 29-03-1989.(On appeal from the judgment, dated 15-04-1985 of the Lanore High Court in Writ Petition No.2715 of 1984)
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
Talib H. Rizvi, Advocate, instructed by S. Ali Imam Naqvi, Advocate-on-Record for Petitioner. MA. Qureshi, Advocate for
Respondent No. 1. M. Akhtar, Additional Advocate General with M.M. Saeed Beg for
Respondent No. 3

S.M. NAZIR

VS

NATIONAL INDUSTRIAL COOPERATIVE FINANCE CORPORATION and others

Law:

Section:

(a) Constitution of Pakistan (1973) ---ArL185(3)--Leave to appeal was granted on the condition of the submission of an undertaking by the petitioner. (b) Constitution of Pakistan (1973)- ---Art.185(3)--Civil Procedure Code (V of 1908), 0XXXIX, Rr.l & 1--Leave to appeal granted--Stay order already granted carrying the condition of interest ordered to be continued till disposal of appeal, without condition. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal having been granted on the condition of the submission of an undertaking by the petitioner, he has submitted the undertaking. It reads as follows:- 1. That the abovenoted petition is pending before this Honourable Court. 2.That the following undertaking is submitted by S.M. Nazir, Proprietor of S.M. Nazir & Sons, near Firdous Market, Lahore. 3. That the petitioner undertakes that an amount of Rs.1,70.075 which is said to have been withdrawn by him in his account with the respondent. He undertakes to make the payment of this amount to the Bank in instalments. 4. That the payment will be made in instalments spreading over a period of two years. 5. That the respondent will also give an undertaking to this Honourable Court that m case they recover this amount from their Manager Rana Muhammad Saleem or from any other source, they will refund the money back to the petitioner. 6. That the payment made to the respondent will be under protest and without any prejudice to the submissions made by the petitioner in the above noted appeal. 7. That the petitioner has given this undertaking of his own free will and without any undue influence. It is, therefore, respectfully prayed that the above noted undertaking may…
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