BIN BAK INDUSTRIES (PVT.) LTD. versus FRIENDS ASSOCIATES (REGD.)
Article 12 Civil Procedure Code (v. 1908), O. XXXX, Articles 1 and 2 of the Constitution of Pakistan (1973), Article 185 (3) Interim injunction, consenting to balance of sale matters upon approval of specific performance of sale contract. Clear the debt obtained by the air defendants and the property was to be handed over to the plaintiffs for payment of various amounts to the plaintiffs, which included the development and sale of plots. The plaintiff paid a lump sum amount of Rs. 32 crore. The loan was cleared and the land is being developed but the area of 9 acres has not been handed over to the plaintiffs. Submitted the interim injunction in favor of the plaintiff in the case of balance sale, but the High Court amended and imposed the condition also that the trial court's suit for the performance of the contract was dismissed. In relation to property, it is generally subject to the balance of sale matters under the ban, but this rule is not absolute and mandatory. The use of such discretion depends on the nature of the sale agreement and the facts and circumstances of the case. ? The lawsuit filed by the plaintiffs, in the present case, was based on an extraordinary and rare sale agreement, with the plaintiff's unholy forces appearing above the board and the defendants 'rights imposed on the defendants' rights and financial interests substantially. To a certain extent. In the contract of sale on the sale of plots developed by the defendants, the application of the rule of deposit in the case of balance sale and the use of discretion against the defendants was guilty. Supreme Court through High Court
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