Law:

Section:

Specific Relief Act (I of 1877)------Ss. 42 & 54---Declaration and recovery of money---Proof---In cross-examination witness of plaintiff categorically admitted that plaintiff had accepted award and did not prefer any appeal against the same---Witness of plaintiff did not deny the suggestion that agreement between Russian Federation and Government of Pakistan specifically provided that payment of plaintiff's claim was to be settled by buyer itself---Plaintiff's witness further stated in cross-examination that suit was based on arbitration award---Such facts which were admitted by plaintiff established the fact that Rosvenshtrog was a legal entity separate from Russian Federation and was liable to meet its own obligations incurred by contract made with plaintiff---No evidence was produced by plaintiff to establish the fact that Rosvenshtrog was a department of Russian Federation---Award produced by plaintiff in evidence was contrary to such plea of plaintiff---Plaintiff failed to establish liability of Russian Federation for the claim made in the suit, therefore, High Court declined to deal with further issues in the suit---Suit against other defendant had already been dismissed as withdrawn---Suit was dismissed in circumstances. Arshad Tayabali for Plaintiff. Taswar Ali Hashmi for National Bank of Pakistan. Date of hearing: 27th February, 2009. JUDGMENT GULZAR AHMED, J.--- This is a suit for declaration and recovery of US$ 1,059,174.94 and injunction against the defendants being (1) Russian Federation through its Ministry of Foreign Economic Relation and Trade and (2) Bank ,of Foreign Economic Affairs of the USSR presently named as Bank of Foreign Economic Affairs of Russian Federation alleging that plaintiff has exported in the year, 1991 169,000 pieces of warm jackets to USSR which remained uncleared and undisposed of at the port of Nikolaev, USSR. In the year, 1992 plaintiff requested the defendant No.1 to examine the possibility of the delivery of said jackets through FA "Rosvneshtrog" department of defendant No.1. The defendant No.1 authorized the purchase and outlined repayment procedure allocating funds in the sum of US$' 1.2 Million to the said…

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