ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-443 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.1829/2021 (Urgent).

2. For order on CMA No.1830/2021 (Exemption).

3. For order on CMA No.1831/2021 (Stay).

4. For hearing of main case.

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20^th January 2021

Syed Mohsin Ali, Advocate for Petitioner.

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1. Urgency granted.

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

3&4. Through instant Constitutional Petition, the petitioner has expressed its grievance against issuance of sui gas bill for the month of December 2020 by the respondents while charging Rs.1,087/- per MMBTU as per Notification dated 23.10.2020 instead of charging Rs.930/- MMBTU as per Notification dated 13.10.2020, which is applicable in the case of petitioner, who is dealing with the manufacturing of textile products. Per learned counsel, petitioner is engaging in the business of zero rated supply, therefore, the impugned Notification dated 23.10.2020 is not applicable in the case of the petitioner. It has been further submitted by the learned counsel that the petitioner is willing to secure the disputed amount in the shape of pay order / bank guarantee before the Nazir of this Court; provided that the respondents may be directed to issue revised bill for the month of December 2020 by excluding the disputed amount to the petitioner, who may deposit such amount accordingly.

Let pre-admission notice be issued to the respondents as well as D.A.G, to be served through first three modes, for 02.02.2021, when comments, if any, shall be filed with advance copy to the learned counsel for petitioner. In the meanwhile, respondents are directed to issue revised bill for the month of December 2020 by excluding differential amount to the petitioner, who may deposit such amount accordingly, after securing differential amount in the shape of pay order / bank guarantee before the Nazir of this Court within seven days hereof.

J U D G E