886/2009 Suit HUMAYUN AKHTAR JALIL (Appellant) V/S CAPITAL ONE EQUITIES LTD & ORS. (Appellant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 28-MAY-15
Prima facie it appears that the amount as agreed in terms of para-1 of CMA No.3223/09 is admitted as it is duly signed on behalf of defendant no.1 as well as through its Counsel. By this order the only question that is required to be resolved is the quantum of amount payable by defendant No.1 to plaintiff. How and from where such decree is to be satisfied is not being answered here nor it is prayed for. The present application is only to the extent of money decree. It is not a question raised and/or involved as to whether the amount i.e. to be paid by the defendant No.1 would be from the amount that has been procured by defendant No.1 by means which are against the interest of other creditors. It only relates to a money decree to which plaintiff is entitled in terms of admission made in the compromise application. Insofar as earlier application bearing CMA No.6629/09 is concerned, it rather based on a letter of defendant No.1 which is not filed by defendant No.1 hence I would not make it a basis for considering claim of plaintiff in terms of the order XII Rule 6 CPC rather CMA No.11562/09 (compromise application) would be the basis of granting CMA No.3223/09. The application to the extent of the above amount is allowed and the suit is decree against defendant No.1.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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