| Citation(s) |
|---|
| 2000 SLG 2253 2000 SLD 2253 2000 PCTLR 1072 |
Sindh High Court
H.C.A. Nos. 129 of 1998 and 5 of 1999, 17th September, 1999
SYED DEEDAR HUSSAIN SHAH AND ANWAR ZAHEER, JAMALI, JJ
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H.C.A. Nos. 129 of 1998 and 5 of 1999, 17th September, 1999
SYED DEEDAR HUSSAIN SHAH AND ANWAR ZAHEER, JAMALI, JJ
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Ladak And Sons (Pvt.) Ltd. And Others
VS
"Avebe" B.A. And Another
Law:
Section:
Keywords: Evidence, Exclusion, Not Warranted By Law, Appointment, Injunction, Dispute, Unlawful, Enterprises, Without Notice, Contract, Violation, Money, Satisfaction Of The Court, Bona Fide, Trial Court, Arbitration Clause, Period, Liability, Maintain, Export, Jurisdiction, Prima Facie, Selling, Compliance, Arbitrator, Permission, Notice, Call, Office, Interference, Manufacture, Refusal, Service Of Notice, Illegal, Claims, Proceedings, Balance Of Convenience, Order, Consent, Parties, Interim Order, Obligation, Consideration, Terms Of Agreement, Investments, Classification, Processing Plant, Binding, Place, Consequences, Prejudice, Orders, Production, Costs, Third Party, Commission, Legal Proceedings, Constitution, Status Quo, Customs, Provisions, Copy, Receipt, Practice, Promotion, Discretion, Communication, Letter Of Credit, Disposal, Validity, Damages, Relief, Enforcement, Representative, Conditions, Precedent, Renewal, Foreign Company, Satisfaction, Registered, Arbitration, Inter Alia, Goods, Impugned Order, Expenses, Determination Result: ORDER SYED DEEDAR HUSSAIN SHAH, J. We intend to dispose of both these appeals with common judgment as the parties, facts and case-law are same and common. 2. Facts of the matters are that the appellant No. 1 and respondent No. 1 entered into an agreement dated 14.6.1996 through which respondent No. 1 appointed appellant No. 1 as its exclusive agent for sale of its textile chemicals, which are used in the processing of various textile fabrics and was subject to the renewal. The appellant on the basis of the agreement and for bona fide promotion of the market of the contracted products in order to implement its obligation incurred huge expenses, the benefit of which was to go exclusive to respondent No. 1. As per the agreement, the appellant No. 1 has exclusive right of marketing the product and the agreement was irrevocable in nature involving huge investment. The appellant imported in Pakistan huge quantity of the product under orders placed by various customers, in view to enhance the business of respondent No. 1 in Pakistan and to reduce freight costs and customs duties, an agreement was struck between the respondent…
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