Law: Customs Act, 1969

Section: 131

Law: Specific Relief Act, 1877

Section: 39,42,54

Law: Civil Procedure Code (V of 1908)

Section: 1,2

Customs Act (IV of 1969)--- ----S. 131---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss. 39, 42 & 54---Suit for cancellation of documents, declaration and injunction---Interim injunction, grant of---Clearance of goods for exportation---Plaintiff claimed to be the owner of goods in question which were alleged to be stolen and defendant intended to export to foreign country---Validity---Stolen property which was subject matter of FIR in question might turn out to be belonging to plaintiff and if the same was exported, it would cause irreparable loss to plaintiff's reputation by sole act of export of the same---Plaintiff had made out a prima facie case for grant of injunction and balance of convenience was also in favour of plaintiff, who was likely to suffer irreparable loss if injunction was refused---Application was allowed in circumstances. PLD 1993 Kar. 90; PLD 1993 Kar. 262; PLD 2012 SC AJ&K page-7; 2001 YLR 327 and PLD 2004 SC 860 ref. ORDER SYED SAEEDUDDIN NASIR, J.---Through this application C.M.A. No.3183/2013 the plaintiff seeks injunction restraining the defendants, their agents, attorneys, representatives, employees, etc from exporting the alleged stolen goods of the plaintiff i.e. "Dark Green Onyx/Marble (Zarghoon)", stuffed in the aforesaid 12 containers bearing Nos.CLHU2754906, CPSU1628118, FCUY4050252M GATU0067889, HLXU2259250, HLXU2307174, HLXU3078494, HLXU3181820, SCZU7396791, TEXU2492629, GEZU3632649, CPSU170059, presently lying with defendant No.8 under the control and jurisdiction of defendants Nos.7 to 9, or even to hand over the same to defendants Nos.1 to 6. The brief facts of the case are that the plaintiff is one of the leading onyx quarries operators and exporters of different kind of marbles and more particularly one of the leading unique product namely "Dark Green Onyx/Marble (Zargoon)" for the aforesaid purposes the plaintiff company has been granted leases by the Government of Balochistan. The details of which are as under:- (i) Lease No.ML-MARBLE (1) dated 23-7-2010 for an area of 2677.52 acres, shown on Survey of Pakistan Topo Sheet No.30-0/8, situated near Jhuli, District…

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