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MESSRS SHELL PAKISTAN LTD. versus MESSRS BHOJA AIR (PVT.) LTD.


A. XXXVII, Rr 2 and 3 Money Recovery Unconditional leave to defend the dishonesty check suit was claimed on the basis that payments were withheld because accounts require reconciliation. After the justification, when the parties agreed to the particular manner and manner of payment, then there was no justification for objecting to such mode and mode of payment, so the defendant objected to such count. Not fit, the plaintiff failed to identify any contradiction in the details of the checks issued in this case or its order, as stated in the Plaintiff, which is merely a bald and clear statement. Just requiring reconciliation in the accounts would not be enough to secure an unconditional leave to defend him. The plaintiff of such count had neither disputed the receipt nor disputed any dishonest check, nor disclosed that any dishonest check had been paid and the defendant thereafter. Ali was granted a conditional leave that was granted subject to the grant of suit solvent guarantee, which contained 25% of the amount claimed in the suit.

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