MESSRS FIRDOUS TRADING CORPORATION vs REGISTRAR, CO OPERATIVE — 1972 SCMR 91

Citation: 1972 SCMR 91

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: MESSRS FIRDOUS TRADING CORPORATION vs REGISTRAR, CO OPERATIVE JUDGMENT

Headnotes

Case cited as 1972 SCMR 91

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title:MESSRS FIRDOUS TRADING CORPORATION vs REGISTRAR, CO OPERATIVE JUDGMENT Reported As: 1972 SCMR 91 Result: Appeal dismissed Judgment JUDGMENT M. R. KHAN, J.-This appeal, by special leave, is directed against the judgment and order of the High Court of West Pakistan, Karachi Bench, dismissing in limine the appellant's Writ Petition No. 311 of 1966. The facts relevant for the purpose of this appeal are as follows That s. s. "Othon", a wrecked ship was pledged to the Sind Provincial Co-operative Bank Ltd. (respondent No. 2 herein) by its owner Messrs Fine Textile Mills. The Sind Provincial Co--operative Bank Ltd., which has since assumed the name of Sind-Baluchistan Provincial Co-operative Bank Ltd. (herein--after called `the Bank'), held also a general Power of Attorney executed in its favour by Messrs Fine Textile Mills. In pursuance of the power conferred by the general Power of Attorney, the Bank agreed to sell the ship to the appellant for a consideration of 9,60,000 and an agreement embodying the various terms of sale was executed by the parties on the (the April 1957. This agreement provided a clause for referring disputes arising out of it to arbitration. A dispute having arisen between the parties out of this agreement, the Registrar of the Co-operative Societies (respondent No. 1 herein) referred the dispute to arbitration on the 15th December 1960, under…

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