Legal Question in Business Law in Pakistan

A receives 02 x cheques (both un-dated bearer, without any name on the cheques" from B, which B also admits in the court. The cheques are bounced back at the bank due to insufficient money in B's accoun. A files FIR under 489-F against B. B also files a civil suit againt A stating that the cheques were not for paying money bu as guarantee/surety checques and that A should be stopped from getting the cheques encashed / bounced back / use as further guarantee to any third party.

B admits the cheques as genuine but says that A had given him the money for business on profit & loss basis and he got loss due to floods for which he has sent claim to a multinational company and a Pakistani company. During hearing of bail petition at High Court the Judge wrote in his judgement that B agrees to payback money of A in entirety after receiving the claim amount from the company. A thinks the claim is a drama and will never materialised.

Now under these circumstances

Can A go for any legal action against the 02 companies? If yes then how and under which specific law?

Regards

Attaullah


Asked on 3/18/11, 4:37 am

1 Answer from Attorneys

defacto position portrays no cause of action for A to sue two companies, but if A is so confidant than there is a way of "assignment of action able claims" from B to A then A can go forward. to discuss in detail call me during office hours at 0323 4638149.

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Answered on 3/18/11, 5:52 am


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