51/2009 Suit.B Pakistan Kuwait Investment Co. (Plaintiff) V/S M/s. Three Star Hosiery Mills Ltd (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 25-NOV-16
The purpose of such authentication and certification in terms of subsection (8) of Section 2 of the Act is that it signifies the authenticity of document such as statement of account which in absence of such certificate cannot be presumed to be correct. Bankers Book Evidence Act provides the presumption of the correctness to such statement of account and is considered to be correct if it is certified by the officer as contemplated under section 2(8) of the Bankers Book Evidence Act,1891. Though it may have been attempted to be cured on the basis of additional statement of account which appears to have been certified yet the authority of the officer is only in relation to instituting a suit, verification of plaint, engaging a Counsel etc. in terms of Board resolution. This authority based on the board resolution cannot be stretched down to the frame of Section 2(8) of the Bankers Book Evidence Act. In the connected matter of Pak Kuwait Investment v. Active Apparel International where the shareholders claimed to be the same, the leave was granted on this score alone. The auditors report may have its strength but such material document ought to have been filed along with the plaint since the defendant have no chance to rebut the same as has been filed along with the replication.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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