Padri Narayan Agarwala vs Pak Jute Balers Ltd. — 1970 PLD 43

Citation: 1970 PLD 43

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as PLD 1970 Supreme Court 43

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Abdus Sattar, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad JUDGMENT Reported As: PLD 1970 Supreme Court 43 Result: Case remanded Judgment JUDGMENT ABDUS SATTAR, J.----This appeal by special leave is directed against the judgment and decree of a Division Bench of the High Court of East Pakistan, dismissing an appeal preferred by the appellant against the decree passed by a Subordinate Judge, Dacca, in terms of an award made by the arbitrators appointed by the Registrar of Tribunal of Arbitration of the Dacca-- Narayanganj Chamber of Commerce. The respondent, Pak Jute Balers Ltd., claimed that the appellant Padri Narayan Agarwala entered into a contract on the 31st May 1957 for purchasing 1,000 bales of N. C. Cuttings at Rs. 95 per bale of 400 lbs. Not free on board Khulna. The bales were to be lifted within July 1957. The appellant failed to lift the goods within the stipulated period as a result of which the seller suffered a loss of Rs. 16,000 being the difference between the price agreed and the market price. The respondent, on the 5th October 1557, referred the matter to the arbitration of Dacca-Narayanganj Chamber of Commerce in accordance with the terms of the contract. The Registrar of the Tribunal of Arbitration of the Chamber is said to have issued a notice to the appellant on the 12th October 1957, calling upon him to file his statement of the case. He then appointed the arbitrators on the 11th December 1957.…

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