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MOTHERWELL BRIDGE CONTRACTING & TRADING Co. LTD. vs RIAZ ALI KHAN Etc. — 1978 PLD 1093

Citation: 1978 PLD 1093

Court: Sindh High Court

Year: 1966

Decision Date: 1966-03-16

Parties: MOTHERWELL BRIDGE CONTRACTING & TRADING Co. LTD. vs RIAZ ALI KHAN Etc.

Headnotes

Case cited as PLD 1978 Karachi 1093

Judgment Text

Court Name: Sindh High Court Judge(s): Kadir Nawaz S. Awan Title: MOTHERWELL BRIDGE CONTRACTING & TRADING Co. LTD. vs RIAZ ALI KHAN Etc. Case No.: Suit No. 44 of 1966 Date of Judgment:1966-03-16 Reported As: PLD 1978 Karachi 1093 Result: Applications dismissed JUDGMENT JUDGMENT These three applications under Order LX, rule 1 have followed the main application under section 20 of the Arbitration Act which was filed by the plaintiff (Motherwell Bridge Contracting and Trading Co. Ltd.) against the defendants (Mrs. Phyllis Talia and her three sons). Plaintiffs in their Application (No. 66) have prayed for appointment of receiver" to carry on the business of Joint Ventures, to effect settlement of accounts, to effect realisations and payments and generally to wind up all the affairs covered by the Joint Venture Agreements subsisting between the parties. It is further prayed that full powers of sale be conferred on the receiver". This application is supported by an affidavit filed by John McMillan who has described himself as Pakistan area manager of the plaintiff's Company. It recites that the Joint Venture agreement subsists between the parties for execution of the works mentioned in paragraph 2 of this affidavit. Para--graphs 4, 5 and 6 further recite that the joint venture have to continue until their completion, that huge outstandings are to be recovered from various parties" and a number of debts have to be paid, and lastly that joint ventures own a great deal of movable…

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