Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

High Court Appeal No. 414 of 2018

Date	Order with Signature of Judge

Hearing of case :

1. For orders on office objection / reply at “A”.

2. For hearing of main case.

27.11.2018 : Mr. Shayan Ahmed advocate for the appellant.

Mr. Basil Nabi Malik advocate for respondent No.1

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Syed Noman Ali advocate files power on behalf of respondent No.2 which is taken on record.

Learned counsel for the appellant and respondent No.1 have filed detailed synopsis of their respective submissions which are taken on record. The present appeal has been filed against an ex-parte ad-interim order passed by the learned single Judge on the injunction application filed by respondent No.1 in its Suit No.2009/2018. It is an admitted position that the injunction application bearing CMA No.15149/2018 filed by respondent No.1 is still pending before the learned single Judge. After making their respective submissions at considerable length, learned counsel for the parties agree that this appeal may be disposed of with direction that the above mentioned injunction application filed by respondent No.1 be decided by the learned single Judge latest by 14.12.2018.

Vide order dated 20.11.2018, respondents 1 and 2 were directed to submit written confirmation with the Nazir of this Court latest by 22.11.2018 with regard to the extension of the subject guarantee till the final disposal of the instant appeal, or in the alternative respondent No.1 was required to secure the entire amount of the subject guarantee by furnishing solvent surety with the Nazir of this Court within seven (07) days. Learned counsel for respondent No.1 states that all necessary steps have been taken by the said respondent for extension of the subject guarantee and the matter is pending with respondent No.2, and due to this reason solvent surety has not been offered by the said respondent. Learned counsel for respondent No.2 points out that there are several discrepancies in the documents and information provided by respondent No.1 and due to this reason the extension of the subject guarantee is being delayed. Be that as it may, the order passed in the instant appeal on 20.11.2018 shall remain effective till final disposal of the above mentioned CMA No.15149/2018 filed by respondent No.1, and while deciding the said application the learned single Judge may take into consideration the efforts or delay, as the case may be, on the part of respondents 1 and 2 in complying with the said order dated 20.11.2018. Learned counsel for the appellant and respondent No.1 undertake not to seek any adjournment before the learned single Judge unnecessarily and to argue the above injunction application on the next date of hearing. It is clarified that if the above application is not decided finally on or before 14.12.2018, the impugned ex-parte ad-interim injunction order shall stand vacated without any further order. Learned counsel for the parties request that office may be directed to fix CMA No.15149/2018 in Suit No.2009/2018 for hearing before the learned single Judge on 29.11.2018 at 11:00 a.m. Order accordingly.

By consent, this appeal stands disposed of in the above terms with no order as to costs.

J U D G E

*HCA 414-18/27.11.2018/Short Orders DB/Court Work/E*

Azeem