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Citation: 1965 PLD 505
Court: Sindh High Court
Year: 1970
Decision Date: 1970-12-31
Parties: MESSRS MOOSA OOMAR & CO. LTD., KARACHI vs MESSRS Haji E. DOSSA & JUDGMENT
Case cited as PLD 1965 SC 505
Court Name: Sindh High Court Judge(s): Muhammad Haleem, Muhammad Ali Sayeed Title:MESSRS MOOSA OOMAR & CO. LTD., KARACHI vs MESSRS Haji E. DOSSA & JUDGMENT Reported As: PLD 1971 Karachi 899 Result: Appeal dismissed Judgment JUDGMENT MUHAMMAD HALEEM, J.--This letters patent appeal is directed against the judgment dated 26th November 1964, of the learned Single Judge, by which he set aside the judgment of the Additional District Judge, Karachi, dated 10th May 1961, and made the award the rule of the Court with costs. 2. The relevant facts are these: Under an agreement dated 17th September 1958, the appellant agreed to purchase and accept 5000 maunds of cotton seeds at the rate of Rs, 19 per maund during the period, 1st October 195S to 31st October 1958. He took delivery of only 2000 maunds on 13th October 1958, after the promulgation of Martial Law on 8th October 1958. The respondent by notice dated 14th October 1958, called upon the appellant to take delivery of the balance of the quantity within 24 hours but the appellant did not do so and pleaded vide his reply dated 15th October 1958, that there was a deadlock in the market and no one was lifting the goods. The respondent on 20th October 1958 informed the appellant by telegram that he had sold the balance quantity of 3000 maunds at the rate of Rs, 13 per maund and demanded Rs, 18,000 as damages. The contents of the telegram were also confirmed by letter dated 20th October 1958. The appellant did not admit its liability…
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