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M.S. ZAHEER TRADING AGENCY versus THE FAUJI LYALLPUR COTTON MILLS, LYALLPUR


Defense of Pakistan Rules 1965 Rr 169 & 182 Enemy Property (Detention and Regulation) Order, 1965, Article 4 Letter of Government of Pakistan, Communication Division, Number 3 (28) CEPI / 70, Dated 16 5 1972, paragraph 1 (3) and 2 Black malls were considered enemy property and after its management the Enemy Property Management Board sold the Fuji Foundation as a method of estimating existing assets and liabilities as per paragraph 2 of the official letter. Debt was receivable on 16 16 1972. Prior to the sale of mills to the military foundation loan through the mills, the supply of the cloth before the sale of the mills is not involved in the dispute, nor has the military foundation included in the statement prepared for the purpose of transferring the existing net assets of the mills. This is approved by the Military Foundation. Under the circumstances, the loan cannot be said to be properly transferred to the military foundation, which, in turn, cannot be legally recovered from the appellant otherwise the needle was brought in to dispose of the dispute. , Decision and Trial Court Decree Reversed and Military Foundation Case Dismissed

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