ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.323 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.2486/2021 (Urgent).

2. For order on office objection a/w reply as at ‘A’.

3. For order on CMA No.2487/2021 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2488/2021 (Stay).

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17^th December 2021

Syed Mustafa Ali, Advocate for Appellant.

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1. Urgency granted.

2. Learned counsel for the appellant undertakes to comply with office objection before next date of hearing.

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

4&5. Instant High Court Appeal has been filed against an order dated 10.12.2021 passed by the learned Single Judge, on the original side, of this Court in Suit No.960 of 2018, whereby, according to learned counsel for appellant, two applications filed by the appellant being (1) CMA No.21541/2021 under Order VII Rule 10 CPC and (2) CMA No.21542/2021 under Order VII Rule 11 CPC, were fixed for orders, as according to learned counsel, the very suit filed by the respondent seeking damages, defamation and mental torture and agony was not maintainable. However, according to learned counsel, the learned Single Judge, without issuing notices upon such applications or deciding the fate of the same, has been pleased to pass the impugned order, which is based on misconceived impression that the Hon’ble Supreme Court of Pakistan has been recorded finding to the effect that the appellant’s bank (MCB) fraudulently created charge on the property of the deceased respondent, whose property was mortgaged with the bank. According to the learned counsel for the appellant, serious adverse inference has been drawn against the appellant and its official, whereas, the learned Single Judge has been further pleased to restrain the appellant bank from issuing any financial facility through the office of Special Assets Management Corporate and Commercial-South, MCB, and the Chief Executive has been directed to take action against both the officers who were present in the Court, who had nothing to do with the suit proceedings nor any finding whatsoever regarding allegation or fraud by such officials of appellant bank has been recorded by any Court. According to the learned counsel, the impugned order is even beyond the pleadings and the issues framed in the instant suit, which has seriously prejudiced the rights and interest of the appellant, hence requests that the impugned order may be set aside.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for 13.01.2022, when objection/reply, if any, shall be filed with advance copy to the learned counsel for appellant. However, till next date of hearing, the operation of the impugned order shall remain suspended.

J U D G E

*Farhan/PS*