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Petitioner: Muhammad Afzal Soomro, J Messrs A.I. BROTHERS (PVT.) LTD. and another VS Respondent: NATIONAL BANK OF PAKISTAN and 4 others
Court Name: Sindh High Court Judge(s): Sabihuddin Ahmed Title:Muhammad Afzal Soomro, J Messrs A.I. BROTHERS (PVT.) LTD. and another
vs NATIONAL BANK OF PAKISTAN and 4 others Case No.:High Court Appeal No.D-181 of 2007and Special High Court Appeal No.D-181 of 2007 Date of Judgment:2007-07-30 Reported As: 2007 CLD 1456 Result: Order accordingly Judgment ORDER Copy of the decree to be filed whenever the decree is made available. Office objection stands disposed of. 2. Granted. 3. Granted subject to all just exceptions. 4. It is contended that having held that BPD's Circular No.29 of 2002 was applicable to the appellant, the learned trial Court came to the wrong conclusion that the appellants were not entitled to its benefits on account of failure to make payment of the requisite 10% amount. Learned counsel has argued that the failure to make payment was not attributable to the 'appellants but rather to the respondents who took the erroneous plea that the appellants were not entitled to the benefits of the circular in question. Contention requires consideration and being the first appeal against the judgment and decree, is admitted. 5. Notice for 16-8-2007 till that date, no execution proceedings be taken place, if the appellant deposits 10% of the decretal amount to the Nazir of this Court.
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