ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.127 of 2022

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

PRESENT:

Mr. Justice Aqeel Ahmed Abbasi

Mr. Justice Abdul Mobeen Lakho

FRESH CASE:

1. For order on CMA No.979/2022 (Urgent).

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

3. For order on CMA No.980/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.981/2022 (Stay).

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11^th April 2022

Mr. Ali Q. Askary and Ms. Lubna Aman, Advocates for Appellants.

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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 subject to all just exceptions.

4&5. Instant High Court Appeal has been filed against impugned order dated 16.03.2022 passed by the learned Single Judge of this Court in Suit No.310 of 2022 filed by the respondents No.1&2 against the appellant seeking declaration and damages to the effect that since the respondents have been sending remittances from abroad to the appellants for the purpose of carrying on business, as according to learned counsel for the appellants, while issuing notices of the suit and injunction application filed by the respondents learned Single Judge without hearing the appellants has been pleased to order that “till the next date of hearing, the parties are directed to maintain status-quo in respect of subject matter of instant proceedings” and inspite of the fact that respondents could not produce any material or documents to support their claim on the business and the properties of the appellants, it has been contended by the learned counsel for appellants that none of the ingredients required to be taken into consideration while granting interim relief were in favour of the respondents, however, this aspect of the matter has been ignored by the learned Single Judge, whereas, interim order passed in the instant case is hinting financial interest and the business activity of the appellant.

From the perusal of the impugned order passed by the learned Single Judge, it appears that no final adverse has been passed on the injunction application No.3985/2022, whereas, the appellant can file objection/reply on such application and seek modification or recalling of order passed by the learned Single Judge in the instant case. Since no final adverse order has been passed on the injunction application, therefore, it will be appropriate, if, the ad-interim order passed by the learned Single Judge which is tentative in nature is subject to modification and recalling of order after hearing both the parties. It has been informed by the learned counsel for the appellants that the matter is now fixed for hearing on the aforesaid injunction application tomorrow i.e. on 12.04.2022. Accordingly, we dispose of instant High Court Appeal with directions to the appellants to agitate all such grounds as may be available in the instant appeal before the learned Single Judge, who shall pass appropriate order strictly in accordance with law.

J U D G E