ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.143 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.1064/2022 (Urgent).

2. For order on CMA No.1065/2022 (Exemption).

3. For hearing of main case.

4. For order on CMA No.1066/2022 (Stay).

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18^th April 2022

Mr. Ameen M. Bandukda, Advocate for Appellant.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Instant High Court Appeal has been filed against judgment dated 04.03.2022 passed by the learned Single Judge of this Court in Suit No.3048 of 2021 alongwith other suits filed by the consumer of Suigas, who are classified as General Industries (non-export) against closer notice of supply of suigas for the period from March to November on each year, whereas, according to learned counsel for the appellant, as per Gas Load Management Plan for Winter 2021-22, dated 13.12.2021 it was decided that the said gas will be supplied to the said consumer industries on weekly rotation basis for one day off, for each sector or zone. According to learned counsel for the appellant, against the said impugned judgment another High Court Appeal bearing No.103 of 2022 [Re: Shabbir Tiles & Ceramics Ltd. v. Federation of Pakistan and 3 others] has been filed, wherein, while issuing notices to the respondents and D.A.G. vide order dated 22.03.2022, the operation of the impugned judgment has been suspended, therefore, requests that notice of instant High Court Appeal may also be issued, whereas, office may be directed to tag the aforesaid appeal with the instant appeal on the same date while extending ad-interim relief as granted in the aforesaid appeal to the appellant. In support of his contention learned counsel has referred to the aforesaid order as well as order dated 11.04.2022 passed by this Court in the aforesaid appeal as well as in HCA No.126/2022, which are available at pages 225 to 237 of the instant appeal.

Let pre-admission notices be issued to the respondents as well as D.A.G., to be served through first three modes, for 28.04.2022, when aforesaid appeals may be taken up alongwith instant appeal, whereas, objections/reply, if any, shall be filed with advance copy to learned counsel for appellant. However, the interim relief passed in the aforesaid appeals shall apply mutatis mutandis in the instant appeal.

J U D G E