1. ' S.A. RABBANI, J.---The petitioner claims that she purchased three WAPDA bearer bonds of Rs,1,00,000.00 each, bearing Nos.C-007309, C-007310 and C-007311, on 23rd April, 1989. They matured for encashment on 23rd April, 1994 after five years. She found that her children had torn out the bonds, but their numbers were still available on the pieces. The petitioner approached respondents Nos.1 and 2 for encashment of the bonds, but they refused. She, therefore, filed this petition for a direction to the respondents Nos.1 and 2 to en cash the said mutilated WAPDA bearer bonds plus amount of profit on coupons, after taking guarantee, surety or indemnity from the petitioner.
2. ' A.H. Siddiqui, Deputy General Manager; Finance (Treasury) filed counter-affidavit on behalf of WAPDA and Syed Muhammad Yahya, Assistant Vice-President, Treasury, filed counter-affidavit on behalf of N.D.F.C., the respondent No,l.
3. ' Main plea of the respondents is that they are bound by the rules and regulations viz. WAPDA Bonds (Second Issue) Regulations, 1989, and they cannot en cash mutilated bonds.
4. ' We have heard learned counsel appearing for the petitioner and respondent No,1. None appeared for respondents Nos.2 and 3, despite issue of notice to WAPDA.
5. ' Learned counsel for N.D.F.C., respondent No,1, contends that primarily it is the liability of WAPDA and the N.D.F.C. Sells the bonds on behalf of WAPDA. He submits that in case WAPDA is willing to make payment, they have no objection, otherwise they are bound by the Regulations that prohibit encashment of mutilated bonds.
6. ' The Regulations, referred to above, contain a condition that no claim of whatsoever nature shall be acceptable in case the bearer bonds or coupons or both are stolen, lost, destroyed or mutilated.
7. It, is obvious that mutilation of a bond has been mentioned here because it can affect or destroy the identity of the bond. Its shape is the identification of a kind of bonds, and an individual bond is identified by the number given on it. Luckily, in the present case, the numbers on the individual bonds are safe and clear on their pieces. The petitioner has filed copy of a letter, dated May 9, 1994 from respondent No,1 to =pendent No,2, confirming that the said bonds were issued by them and were not presented for encashment till then.
8. A bond, or any other document for that purpose, can be said to have been mutilated if its identity is destroyed or a substantial damage is caused to make it difficult.To gather the import of its contents. In the present case, .The pieces that could be saved by the petitioner show that they were WAPDA bearer bonds and since their numbers are available on them, it is evident that they are the bonds that petitioner claims to have. Purchased. The petitioner is, therefore, entitled to the encashment of these bonds and, profit on the coupons which have their identity intact. The petition is accordingly allowed and the respondents Nos.1 and 2 are directed to en cash the WAPDA bearer bonds bearing numbers C-007309, C-007310 and C-007311 plus the profit on production of coupons bearing bond numbers, after taking indemnity bond from the petitioner to indemnify in case a better claim is made in respect of these three bonds.