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MESSRS DADABHOY CEMENT INDUSTRIES LTD versus NATIONAL DEVELOPMENT FINANCE CORPORATION, KARACHI


Code of Civil Procedure 1908 Section 12 (2) and OXXIII, R3 Contract Act (IX of 1872), Section 19 Corporate and Industrial Reorganization Corporation Ordinance (L of 2000), Section 2 (L), 10, 20 and Schedule Memorandum of Understanding between the parties to the Constitution of Pakistan (1973), Article 185 (3), the suit filed by the applicant for the return of the mortgaged property and the suit filed by the defendant to recover the loan amount. The terms of the settlement were settled, whereby the applicant was willing to pay the loan amount subject to the condition in the quarterly installments that in case of default in any installment, The amount and interest accrued thereafter will not be paid, shall be payable immediately by the applicant and after the respondent has paid four, the applicant will have to file for execution. Will be entitled. () The installments stopped further payments and filed petitions under section 12 (2), CPC, which were dismissed by the trial court appellate court. Applicant's argument was that the compromise memorandum was obtained through misrepresentation, coercion and fraud. Without inquiring into such petitions, the law was profitable, even though the trial court waived the penalty interest, but the respondent was still making the same charge: and he was questioning the widespread controversy over respondents' liability, etc. Can refer to Permanent inquiries or inquiries are guaranteed in each case by the Validation Committee for verification and correct determination / calculation. Applicants agreed to pay interest / mark up the outstanding balance at a fixed amount

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