Haji TAYAB AND 2 Other vs EASTERN TEXTILE MILLS LTD., — 1959 PLD 320

Citation: 1959 PLD 320

Court: Sindh High Court

Year: 1969

Decision Date: 1969-11-11

Parties: Haji TAYAB AND 2 Other vs EASTERN TEXTILE MILLS LTD.,

Headnotes

Case cited as PLD 1959 Kar. 320

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Hayat Junejo, Noorul Arfin Title: Haji TAYAB AND 2 Other vs EASTERN TEXTILE MILLS LTD., Case No.: Letters Patent Appeal No. 7 of 1966 Date of Judgment:1969-11-11 Reported As: PLD 1970 Karachi 357 Result: A. JUDGMENT JUDGMENT M. HAYAT JUNEJO, J.----This is an appeal from the judgment of a learned Single Judge of this Court whereby the learned Judge dismissed the objections of the appellants under section 30 of the Arbitration Act, thereby refusing to set aside the award. 2. It arises in the following circumstances. The appellants filed a suit for specific performance of a contract in the sum of Rs. 6,38,284-5-3 against the respondents on the ground that on the 24th of April 1959, an agreement was entered into between the appellants on the one hand and the respondent No. 3 representing himself as the attorney for respondent No. 2 and the governing director of respondent No. 1, for the sale and transfer of all shares of the Eastern Textile Mills Ltd., with the entire furniture, fixtures etc. For a total amount of Rs. 5,25,000.00. The parties agreed to get the share of respon--dent No. 1 transferred to the appellants and to hand over the possession of the mill in a running condition as well as to deliver the raw material of silk yarn valued at Rs. 1,66,284-5-3 at the cost price. After the possession had been handed over it was also agreed to get the registered transfer deed executed in favour of and at the expense of the…

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