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1989 MLD 610 (1)

Messrs GERRY's TRAVELS (PRIVATE) LTD. vs MUSLIMCOMMERCIAL BANK LTD

Citation1989 MLD 610 (1)
CourtSindh High Court
Case No.Constitutional Petition No. D/868 of 1986,
Date1986-09-28
Judge(s)Mamoon Kazi, Naimuddin Ahmed
ResultPetition dismissed

ORDER

1. NAIMUDDIN, CJ.--The contention of the petitioner's counsel is that' the petitioner has been debited in his account by the respondent to the extent of an amount equivalent to $ 2,000. The petitioner has submitted that there was no justification for that debit merely on account of the fact that a servant of the petitioner had accompanied a foreigner to the respondent-bank and the bank had cashed the travellers cheque of that foreigner. This matter would require evidence as to whether the liability upon the petitioner has been correctly imposed or not. It would further be a matter of contract between the petitioner and the respondent and, therefore, this petition is not an appropriate remedy for the same because the petitioner can easily file a suit for declaration that he is not Gable to pay the said amount to the respondent and then the decision of that suit would be obviously based upon the evidence which is furnished by the petitioner as well as the respondent.

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