| Citation(s) |
|---|
| 2020 SLG 1978 2020 SLD 1978 2020 CLC 1695 |
Sindh High Court
Suit No. 737 and C.M.As. Nos. 10274, 6365, 6366, 6367, 6448, 6721, 6525, 12940 of 2019, decision Dated: 01-11-2019
MUHAMMAD, JUNAID GHAFFAR, JUSTICE
Ch. Atif Rafiq for Plaintiffs. Khalid Rajpar for Defendant No. 3. Ms. Fauzia Rasheed holding brief for Sohail Muzaffar for Defendant No. 4. Omer Memon for Defendants Nos.5 and 13. Abdul Lateef Shaikh for Defendant No. 10. Hanif Faisal holding brief f
Suit No. 737 and C.M.As. Nos. 10274, 6365, 6366, 6367, 6448, 6721, 6525, 12940 of 2019, decision Dated: 01-11-2019
MUHAMMAD, JUNAID GHAFFAR, JUSTICE
Ch. Atif Rafiq for Plaintiffs. Khalid Rajpar for Defendant No. 3. Ms. Fauzia Rasheed holding brief for Sohail Muzaffar for Defendant No. 4. Omer Memon for Defendants Nos.5 and 13. Abdul Lateef Shaikh for Defendant No. 10. Hanif Faisal holding brief f
M/S GENERAL SERVICES AND 4 OTHERS
VS
CHIEF COLLECTOR OF CUSTOMS AND 20 OTHERS
Law: Specific Relief Act, 1877
Section: 42,54
Law: Civil Procedure Code (V of 1908)
Section: O.XXXIX,Rr.1,2
Law: Customs Act, 1969
Section: 12
Specific Relief Act (I of 1877)--- ----Ss.42 & 54---Customs Act (IV of 1969), S.12---Civil Procedure Code (V of 1908),O.XXXIX, Rr.1 & 2---Suit for declaration, recovery and injunction---Licensed public warehouse---Application for permanent injunction, refusal of---Scope---Plaintiffs filed suit for declaration, recovery and injunction contending therein that they had obtained a license in terms of S.12 of Customs Act, 1969, for a public bonded warehouse; that its business continued under the management of plaintiffs; that defendant (agent) was hired as a contractor/agent by means of a Special Power of Attorney for running and maintain the warehouse and that after the death of agent, it transpired that goods stored on behalf of several defendants were missing, against which the Customs Department initiated proceedings---Plaintiffs sought a declaration to the effect that they had no connection with the Customs Department and others---Validity---Plaintiffs had no authority to execute the power of attorney---Public warehouse could only be run by a person after issuance of a proper licence by the Customs Authorities under S.12 of Customs Act, 1969, which could not be transferred or sub-let to anyone---Agent of plaintiffs, if ever recognized by Customs Department, could only be recognized as an employee/manager or representative of the plaintiffs and not as their licensee---Plaintiffs had no prima facie case nor balance of convenience was in their favour, whereas, it was the Customs Department who would be caused irreparable loss, if injunction was granted. ORDER MUHAMMAD JUNAID GHAFFAR, JUSTICE:---.--- CMA's at Serial Nos. 2, 3, 4, 5 and 7. This is a Suit for Declaration, Recovery and Injunction and the Plaintiffs have sought the following relief(s):- I. Declaration that the Plaintiffs have no correlation / association / connection or are in any manner accountable or liable for the fraud alleged by the Defendants Nos. 1-4 and 15-18. II. Declaration that the Defendants Nos. 5-13 have acted in collusion in committing fraud, misrepresentation and deceit against the Plaintiffs, Defendants Nos. 1-4 and 15-18 and other third parties. III. Direction to the…
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