IN THE HIGH COURT OF SINDH AT KARACHI

 

C.P. No. D-3029 of 2016

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Date                      Order with Signature of Judge

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                                Before : Mr. Justice Nadeem Akhtar

                                       Mr. Justice Fahim Ahmed Siddiqui

 

 Muhammad Yaseen and 09 others…………...…………………..Petitioners

 

Versus

 

Chairman PIDC Harnai Woolen Mill Ltd. and 06 others..…….Respondents

 

Date of Hearing :                       17.03.2017

 

Mr. Aminullah Kaker, advocate for the petitioners

 

 

O R D E R

.-.-.-.-.-.

 

FAHIM AHMED SIDDIQUI, J: The petitioners have filed instant petition in which they questioned the winding up proceedings of Harnai Woolen Mill Ltd. According to them, the said mill was auctioned at a cheaper rate while the petitioners and other inmates of Harnai are willing to purchase the said mill at a better price. They also alleged that the said mill is a national asset and Quaid-e-Azam founded the said mill and the same has also heritage importance.

2.                            At the very outset, this court had put the counsel for the petitioners on notice to satisfy about the maintainability of the petition. Instead of addressing the point of maintainability, the learned counsel for the petitioners considered it better to seek remedy before the learned Baluchistan High Court, as such this Court had passed the following order on 31-05-2016:

“Counsel for the petitioner states that the petitioners have instructed him not to press this petition as they intend to avail their purported remedy before the learned Baluchistan High Court. Without touching the merits of the case especially with regard to the maintainability of this petition, the petition is dismissed as not pressed along with all pending applications."

 

3.                            Now the petitioners have engaged another counsel, who filed the instant application for recalling the above order. The contention of the learned counsel for the petitioners is that none of the petitioners has given instructions to the former lawyer as such he was not justified in giving a statement of not pressing the petition. He submits that on the day of disposal, the petitioner No. 1 was present in the court, but he could not understand the proceedings as it was in English. He submits that the petitioners thought that there would be a further date of hearing but when they came to know that the petition was dismissed as not pressed, they were surprised. According to him, as the petitioners are not sufficiently literate and they are laymen, therefore, a chance should be given to them to proceed with the instant petition so that they may take part in proceedings for its disposal on merits.

 

4.                                        We have given a patient hearing to the learned counsel for the petitioner, who is continuously emphasizing for reopening the case. In response to a query, the learned counsel for the petitioner admits that the former advocate was appearing on behalf of the petitioners under a valid power (Vakalatnama) as the petitioners duly engaged him in this matter.  When we asked him to explain how the instant application is maintainable especially when their previous lawyer had given a statement for 'not pressing' the petition; the learned counsel for the petitioners had no reply.

 

5.                                        It is worth noting that when the petitioners' advocate had given a statement of 'not pressing the petition', the petitioner No. 1 was also present in the court. It is also worth noting that the petitioners obtained the certified copy of the order mentioned above within a few days of the dismissal order. The record shows that the application for certified copy was filed on the very next day and certified copy was delivered within a few days. We are of the view that in the existing circumstances of the case, the instant application is devoid of merits, as such the same is dismissed with no order as to cost.

 

 

JUDGE

                                                                        JUDGE