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ATLAS TRAVELS LTD. versus NATIONAL COMMERCIAL BANK LTD.


Section 20 ac 87 Innovate Stampede Equipment 1) The appellant company's rectors and employees (by and by themselves) leave blank space on the promise notes that show the execution date as well as the appellant's over. Vacancies for Draft Facilities Collateral Security (Principal Debt) Vacancies were filled on December 8, 1961, on April 8, 1963, claiming that the provisions of Section 20 were ignored, therefore, of the material. Without

1981CLC880

[Karachi]

Before Abdul Hayee Kureshi and Sajjad Ali Shah, JJ

MESSRS ATLAS TRAVELS LTD.‑Appellant

versus

NATIONAL COMMERCIAL BANK LTD. AND ANOTHER‑Respondents

Letters Patent Appeal No. 10 of 1968, decided on 19th January, 1980.

(a) Negotiable Instruments Act (XXVI of 1881)‑

‑‑ Ss. 20 ac 87‑Inchoate stamped instruments‑1) rectors and employees of appellant‑Company (principal debtors on its behalf and on their own behalf, executing promissory notes leaving spaces denoting date of execution as well as amount blank‑Documents collateral security for overdraft facilities to appellant (principal debtor) ‑Pronotes delivered on 2nd December, 1961 blanks filled up on 8th April, 1963‑Contention as to documents having been rendered void, held, overlooks provisions of S. 20 and therefore without substance.

Tribunal v. Sahu A I R 1919 L B 45 ref.

K. M. Basappa and another v. Patel Marvu A I R 1951 Mys. 102 distinguished.

(ii) Civil Procedure Code (V of 1908)‑

‑‑ O. XXXVII‑Suits on negotiable instruments‑Summary proce dure‑Debts of account holder in Bank‑Never static on account of addition of interest‑Mere addition of interest, held, does not convert suit based on negotiable instruments into suit for accounts if instrument itself provides for payment of interest.

Z. U. Ahmed for Appellant. Fakhruddin Farooqui for Respondent.

Dates of hearing : 9th and 17th September, 1979.

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