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GHARIBWAL CEMENT LTD. versus ENGLISH LEASING LTD.


Section 2 (e) Civil Procedure Code (v. 1908), O. VII, R 10 The plaintiff (lease) and the banking company executed the lease agreement on which the agreement was made on the terms and conditions. ? The agreement itself shows that the receipt of the agreement listed there was a material requirement, the issuance of which would, in fact, entail the responsibility of financing the banking company; however, this was not a necessary condition, the loan. To be met by the donor. In fact, there was no provision in the contract that required the issuer of the lease agreement to accept. The text of the agreement was clear whether the borrower could issue an acknowledgment receipt or not, which was a condition that, when fulfilled. The issuance of such receipt by the banking company through the lenders resulted in the bank company's obligation to provide financing, even though the performance of a condition preceded the distribution of funds. Was different, though the condition was incomplete. The refusal of the funding of the banking company may be the result of a condition that, despite the agreement, a customer was agreed to simply interpret any contract, under the circumstances, the responsibility of financing the banking company. It will be difficult. And the person taking the lease, in fact, was not born and was not bound by the commitment or the collective commitments. They were obliged to perform the contract and, if it did, lock in the parties. The banking company required to set up will provide the agreed lease finance through Action, such as the issuance of an acknowledgment receipt itself.

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