ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.791 of 2005

Date                    Order with signature of Judge

            For final disposal.

31-10-2012 :

            Mr. Azizuddin Ahmad, Advocate for the Plaintiff.

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By Order dated 10.11.2010, the Nazir of this Court was appointed as Receiver to administer the business left behind at Karachi by the deceased Haji Ayub Khan who was the real father of the plaintiff. In pursuance of the said order, the Nazir / Receiver submitted his report dated 18.05.2011 wherein it was stated by him that he visited the Naswar Shop described in his said report and known as 'Baba Naswar', situated in the street known as 'Ghulam Hussain, Juna Market, Karachi'.  It is stated by the Nazir / Receiver in his said report that in order to comply with the Order passed by this Court, he went at the aforementioned shop on 12.01.2011 when defendant No.2’s son Shoaib was present at the shop and five employees were working therein, but none of the said persons disclosed any facts or figures to the Nazir / Receiver about the business of  'Naswar', nor did they provide details of the material sold by them, which according to the plaintiff, belonged to his late father.  The Nazir / Receiver has further stated in his report that he went again on 30.04.2011 at the shop in question for compliance of the Order passed by this Court when another son of defendant No.2, namely, Amjad Khan was present who received from the Nazir / Receiver copies of the notice and the Order of this Court.  The Nazir / Receiver has further reported that he specifically directed defendant No.2’s above named son to appear before him on 02.05.2011, but no one appeared before him. 

Learned counsel for the plaintiff submits that he has complied with the directions given to him vide Order dated 19.09.2011 as he has filed the inventory of the stocks left by the late father of the plaintiff.  He submits that the actual share of the plaintiff cannot be determined unless the entire record of the accounts for the relevant period as well as the stocks maintained by the defendants are taken over by the Nazir / Receiver showing sales made and profits earned by the defendants.

The defendants have not cooperated with the Receiver appointed by this Court and have in fact refused to disclose the relevant details to him.  The defendants also did not appear before the Receiver although copies of notice and the Order passed by this Court were received by defendant No.2’s  son as per Receiver’s  report.  In the above circumstances, the Nazir / Receiver is directed to take over possession of the shop in question and he may seek police assistance in case of any resistance by any of the defendants. The Nazir / Receiver shall also take into his custody all the books of accounts, ledgers, receipts, bank statements and other relevant material as well as stocks so that the share of the plaintiff, if any, may be determined on that basis. The plaintiff shall be at liberty to point out any of the aforementioned relevant record or material to the Nazir / Receiver who shall complete the above exercise as expeditiously as possible and shall submit his report before this Court within fifteen (15) days from today. His fee is tentatively fixed at Rs.15,000.00 (Rupees fifteen thousand only), which shall be borne by the plaintiff.  To come up on 19.11.2012.

J U D G E

Gulsher/PA