Agreement of Undertaking
Agreement of Undertaking
This Agreement has been made on this ____ day of January, 2022
Between
Name, S/o _____ hereinafter referred to as First Party
And
Name, S/o ________hereinafter referred to as Second party
The First Party approached the Second Party in the year 2017 (4-12-2017) during the pendency of Criminal Appeal No. 06/2002 which was pending since 2002 (17 years). The First Party requested the Second Party (who is an Advocate) to take up and proceed the Special Criminal Appeal which is pending in the High Court of Sindh and get it decided in favour of First Party. (The request of the First Party was two-fold i.e):
- Acquittal of First Party in Criminal Appeal No. 6/2002 in the High Court of Sindh;
- Recover 3000 Tolas of Gold from the Customs Authorities which was confiscated in the year 1992 in Case No. 37/1992 arising out of FIR No. DEC-5/1992 dated: 4-3-1992;
The Second Party asked the First Party to give a nominal fee and 50% share in recovered gold which is subject matter of FIR mentioned herein above. Then it was mutually agreed verbally at the time of signing vakalatnama by the Second Party to first get acquittal order in pending Special Criminal Appeal No. 06/2002. If the Second Party succeeded in getting the acquittal, then further proceedings of recovery of Gold will be reduced in writing.
Now therefore in consideration of mutual understanding hereinafter contained, the First Party and Second Party do hereby agree as follows:
That actually Custom Authorities confiscated and seized 3000 Tolas of Gold from Mr. Asif Ali (First Party) which has all legal documentation and was allowed by the Government of Pakistan for business purposes. First Party has been deprived of 3000 Tolas of Gold by showing lesser quantity in the FIR and Challan as gold has been shown as 2450 Toals while in reality it was 3000 Tolas of Gold. First Party is the lawful owner of 3000 Tolas of Gold which was seized and confiscated by Custom Authorities for verification and will later on given back to First Party which never happened.
That on these facts First Party approached Second Party for acquittal as well as recovery of gold from Customs Authorities which was confiscated by the same in 1992. As per verbal agreement mentioned hereinabove, Second Party appeared in Special Criminal Appeal No. 06/2002 on 24-11-2020 which was pending adjudication before the High Court of Sindh for last 17 years. First Party was granted acquittal by the Honourable High Court of Sindh vide Order dated 26-3-2021. After acquittal of First Party as per mutual consent and as per the terms and conditions of this Agreement now Second Party shall proceed for recovery of 3000 Tolas of Gold or equivalent amount of Gold as per prevailing market price from the Customs Authorities and shall be recovered and disbursed accordingly between the First party and the Second Party.
Miscellaneous:
That any provision of this Agreement may be amended, waived or modified only upon written consent of both the parties to this Agreement.
That the First Party and Second Party has full legal capacity, power and authority to execute and deliver this Agreement and to perform their obligations hereunder. This Agreement constitutes valid and binding obligation on both the Parties, enforceable in accordance with its terms and conditions embedded hereunder.
That this Agreement constitutes the entire understanding between the parties. It supersedes any and all written or oral agreements/understandings (if any) between the Parties. No express, implied, direct or indirect, representation, promises or undertaking other than those expressly stated herein have been given by the Second Party. No change, alteration or modification of this Agreement will be valid unless made in writing and signed by both the Parties.
That the terms and conditions mentioned hereinabove will be considered as an integral part of this Agreement and will be legally enforceable as mutually agreed between the parties.
That this Agreement shall be governed by and construed and enforced in accordance with the laws of Pakistan as to all matters including but not limited to matters of validity, construction, effect, performance and remedies.
IN WITNESS WHEREOF the Parties above named have executed this Agreement on the date first above written.
For and on behalf of Mr. Asif Ali (First Party)
Name ________________
Father’s name __________
Address: ______________
CNIC: ______________
Signature: ____________
For and on behalf of Mr. Zubair Hashmi (Second Party)
Name: ________________
Father’s name: __________
Address: ______________
CNIC: _______________
Signature: ____________