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Petitioner: Messrs ALI ENTERPRISES And Others VS Respondent: NATIONAL BANK OF PAKISTAN
Court Name: Sindh High Court Judge(s): Mushir Alam, Zahid Kurban Alavi Title: Messrs ALI ENTERPRISES And Others vs NATIONAL BANK OF PAKISTAN Case No.: High Court Appeal No.209 of 1999 Date of Judgment:2000-12-19 Reported As: 2001 MLD 1762 Result: Appeal dismissed
Judgment ORDER ZAHID QURBAN ALAVI, J.---In this appeal the learned counsel has challenged the judgment passed by the learned Single Judge. The suit was filed before the original civil jurisdiction of this Court for declaration, permanent injunction, rendition of accounts, cancellation of personal guarantees and for recovery of damages for Rs.100 Million. The learned Single Judge has given a detailed judgment and has examined all aspects of the case before coming to a conclusion that since damages have not been proved, therefore, they cannot be claimed and the suit would fail. He has also observed that another suit was pending which is Suit No.588 of 1997. Therefore, the amounts, if any, should have been asked for and clarified in that suit. The other suit was also disposed of against which an appeal has been filed which is First Appeal No. 100 of 2000 which has been admitted for regular hearing. We find no justification to entertain this appeal which is accordingly dismissed in limine alongwith pending applications.