Case Details

Citation(s)
2011 SLG 2236 2011 SLD 2236 2011 PLD 78
Sindh High Court
Suit No. 1057 and C.M.A. No. 10957 of 2010, decided on 10th November, 2010
MS. RUKHSANA AHMED, J
Umer Soomro for Plaintiff. Khawaja Naveed Ahmed for Defendant.

S.A.H. ENTERPRISES Inc.--Plaintiff

VS

EXPORT PROCESSING ZONES AUTHORITY through Secretary--Defendant

Law:

Section:

Export Processing Zones Authority Ordinance (IV of 1980)-- ----S. 2---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Specific Relief Act (I of 1877), Ss.42 & 54--- Interim injunction, grant of---Restraining order---Plaintiff was an industrial undertaking and sought restraining order against authorities with regard to his exporting poly-bags made from Polyethylene Vinyl Acetate (P.E.V.A.) sheets into "Tariff Area" and to foreign country---Validity---Environmental Protection Agency after inspection observed that there was no health hazards noted inside the factory during its visit---Environmental Consultants conducted Environmental Audit, read ambient air quality and environmental Management Plan of factory and a certificate was issued giving clearance in favour of plaintiff---Plaintiff did not commit any irregularity in manufacture/production of bio-degradable poly bags for utilizing the same in packing of its products by maintaining and remaining within the eco friendly system as recommended / provided under the law---High Court restrained the authorities from interfering in the right of plaintiff to export, poly-bags made from Polyethylene Vinyl Acetate (P.E. V.A) sheets into the "Tariff area" and to foreign country---Application was allowed in circumstances. ORDER MS. RUKHSANA AHMED, J.---Through instant application, learned counsel for the. plaintiff has prayed that defendant may be restrained from interfering in. the right of the plaintiff to export poly-bags made from Polyethylene Vinyl Acetate (PEVA) sheets into the "Tariff Area" and or any foreign country. In support of the application, learned counsel for the plaintiff at the onset has argued that the plaintiff is an "industrial undertaking and an investor" in accordance with section 2 of the' Export Processing Zone Authority Ordinance, 1980 and is amongst top 25 exporters having 150 employees. He further argued that Export Processing Zones are created for the purpose of facilitating investors foreign and domestic and to provide them a dedicated area from which they are allowed to conduct their business with ease in Pakistan and such Zones are exempted from Custom Duty as well as Sales…
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