Practice area

Contractual Liability Litigation

Breach of contract, recovery, guarantees and commercial disputes, enforced, defended and where it serves the client, settled.

A contract matters on the day it is broken. What decides the outcome then is whether the obligations were clearly recorded, whether performance can be proved, and whether the loss claimed truly flows from the breach.

The chambers acts in commercial disputes for businesses, partnerships and individuals across Sindh: supply and distribution, construction and works, services, partnership and loan arrangements, pursued through recovery suits, damages claims and, where the commercial sense requires it, negotiated settlement.

What we handle

  • Suits for recovery of amounts due under a contract
  • Summary suits on written contracts and negotiable instruments under Order XXXVII CPC
  • Damages for breach of contract
  • Specific performance of commercial agreements
  • Disputes over construction and works contracts
  • Partnership disputes, dissolution and accounts
  • Enforcement of personal guarantees and indemnities
  • Dishonoured cheque matters, civil and criminal
  • Invocation of arbitration clauses and enforcement of awards

How a matter proceeds

  1. 01

    Contract review

    We identify the obligation breached, the applicable clause, and whether an arbitration or jurisdiction clause governs the forum.

  2. 02

    Demand

    A properly drafted legal notice recovers money more often than clients expect, and costs a fraction of a suit.

  3. 03

    Choice of route

    Summary suit, ordinary suit, arbitration or criminal complaint on a dishonoured cheque. The route chosen determines the speed of recovery.

  4. 04

    Recovery

    A decree is followed through into execution, including attachment where required.

Contractual Liability Litigation: common questions

The agreement was only on WhatsApp. Is it enforceable?

Often yes. An agreement need not be on stamp paper to bind. Electronic records are admissible, though proving them takes more work than producing a signed contract.

A cheque given to me bounced. What are my options?

Two routes run in parallel: a civil recovery suit, commonly as a summary suit under Order XXXVII, and a criminal complaint for dishonestly issuing a cheque under section 489-F PPC. Which to use, and in what order, depends on the amount and on the other side's assets.

Our contract has an arbitration clause. Can I still go to court?

Generally the court will refer the parties to arbitration if the clause is invoked in time. Filing a suit in the teeth of a valid clause usually just adds a year to your dispute.

Consultation

Instruct the chambers.

Bring the complete file, including any document you consider unhelpful. You will receive a considered view of your position before any money is committed to litigation.