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1989 SCMR 817

Messrs RAHEEM STEEL REROLLING MILLS and 4 others vs Messrs KARIM AZIZ

Petitioner: Messrs RAHEEM STEEL REROLLING MILLS and 4 others VS Respondent: Messrs KARIM AZIZ INDUSTRIES LTD.

Court: Supreme Court of Pakistan Decision Date: 1989-01-18

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title:Messrs RAHEEM STEEL REROLLING MILLS and 4 others vs Messrs KARIM AZIZ

INDUSTRIES LTD. Case No.: Civil Petition for Leave to Appeal No,443-R of 1988 Date of Judgment:1989-01-18 Reported As: 1989 SCMR 817 Result: Appeal allowed Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Learned counsel state that the parties have settled the subject- matter of dispute out of the Court. ' Accordingly, an application has been made for disposal of this petition in terms of the compromise stated therein. They also state that this settles the F.A.O. No,49 of 1988 pending in the Lahore High Court at Rawalpindi Bench and that the steps would be taken for disposal thereof accordingly. This petition is, therefore, converted into appeal and allowed in terms of the compromise recorded hereunder:-- "1. Decree dated 31-7-1986 shall not be executed by the Respondents subject to the following undertaking of the Petitioners. 2. Petitioners undertake to pay the entire decretal amount upto 31-12-1989 as under:-- {{TABLE}} Rs, 5 lacs 15-2-1989 Rs, 5 lacs 30-4-1989 Rs, 5 lacs 30-7-1989 Rs, 5 lacs 30-11-1989 Balance as per decree 31-12-1989. 3.In case of default in any instalment, the entire balance amount shall be recovered through Execution and from assets of the Petitioners." ' There shall be no order as to costs.

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