ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-5692 of 2020

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.24310/2020 (Urgent).

2. For order on CMA No.24311/2020 (Exemption).

3. For order on CMA No.24312/2020 (Stay).

4. For hearing of main case.

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11^th November 2020

Ms. Zubaida K. Jamali, Advocate for Petitioner.

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1. Urgency granted.

2. Exemption granted, but subject to all just exceptions.

3&4. Learned counsel for the petitioner submits that petitioner is running a showroom and is owner of the nine (9) vehicles, as detailed in Para 17 of the memo of petition, however, at the instance of private respondent No.7, official respondents are causing harassment and intend to get such vehicles transferred in the name of respondent No.7 with whom petitioner has business relations. According to learned counsel, petitioner has filed a suit before this Court bearing No.1696/2020, seeking declaration, directions, permanent injunctions and damages against the respondent No.7, however, official respondents are not party in that suit, therefore, petitioner has filed instant petition seeking direction of this Court to the official respondents not to transfer the subject vehicles in the name of respondent No.7 in violation of law. According to learned counsel, official respondents are conniving with respondent No.7 and there is apprehension that subject vehicles, which are in possession of petitioner alongwith its relevant documents, will be illegally transferred in the name of respondent No.7.

We are of the tentative view that instant petition has been filed in duplication of proceedings in the suit, as referred to hereinabove, and may affect the fate of the suit as well. However, since learned counsel for the petitioner has submitted that petitioner will press instant petition only to the extent of direction to the official respondents not to act in violation of law, and shall not transfer subject vehicles of the petitioner to respondent No.7 or in any third party without providing an opportunity to the petitioner to explain his position with regard to the ownership of the subject vehicles, we would issue pre-admission notices to the respondents as well as A.A.G. for 17.11.2020, to be served through first three modes, when comments, if any, shall be filed with advance copy to the learned counsel for petitioner. In the meanwhile, official respondents are directed to conduct themselves strictly in accordance with law and to ensure that subject vehicles, if owned by the petitioner, may not be illegally transferred in the name of third party till next date of hearing. It is, however, clarified here that if, the facts as stated hereinabove by the learned counsel for petitioner, are found to be incorrect, interim order shall stand vacated and appropriate order will be passed in accordance with law.

Learned counsel for the petitioner is directed to place on record a copy of the plaint and its annexures of Suit No.1696/2020 as well as the order(s), if any, passed in the said suit on the next date of hearing.

J U D G E

FarhanPS