139/2007 Suit Diamond Weld Rods (Pvt) Limited (Plaintiff) V/S Messrs Stal Co GmbH and others (Defendant)

Sindh High Court2018

Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam

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139/2007 Suit Diamond Weld Rods (Pvt) Limited (Plaintiff) V/S Messrs Stal Co GmbH and others (Defendant) Sindh High Court Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam Order Date: 29-JAN-18 Suit for recovery of money and injunction---Freight. Document produced by plaintiff as Bill of Lading was though not forged but it did not fulfil requirement of Bill of Lading and same could be considered as such--- Bill of Lading produced by shipping company was genuine as it fulfilled its statutory requirements---Plaintiff was required to pay freight to shipping company as Bill of Lading clearly mentioned that 'freight to be collected at destination port'---Such legal and factual position was backed by Ss. 47 & 48 of Karachi Port Trust Act, 1886 and goods could not be removed from public warehouse or sheds until freight in respect thereof was paid either to master or owner of vessel--- Suit was decreed accordingly.
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