Law: National Accountability Ordinance, 1999

Section: 5(r)

Law: Pakistan Telecommunication (Re-organization) Act, 1996

Section: 23

National Accountability Ordinance (XVIII of 1999)--- ----S. 5(r)---Pakistan Telecommunication (Re-organization) Act (XVII of 1996), S. 23---Wilful default---Recovery notice---Delay in payment---Mala fide---Petitioner was a Telecommunication Company and was aggrieved of issuance of recovery notice under S.5(r) of National Accountability Ordinance, 1999 by Pakistan Telecommunication Authority ---Validity---Record showed that petitioner had been engaged in forum shopping by jumping between different High Courts of Pakistan on different or similar issues in order to obtain continuous relief in avoiding paying its outstanding dues---When petitioner was unable to obtain favourable orders from one High Court then it switched to another High Court with similar or same contentions about (so-called) agreed instalment plan---Petitioner had not been able to place a single document on record to show that installment repayment plan was approved by Economic Coordination Committee---Pakistan Telecommunication Authority had no lawful authority to issue notice under S.5(r) of National Accountability Bureau, 1999---High Court keeping in view conduct of petitioner by approaching various courts of the country with sole object of avoiding payment of his outstanding dues declined to interfere in the matter---Constitutional petition was dismissed in circumstances. Deonath Singh v. Debendranath Rai AIR 1930 Patna 78; Federal Government v. Ms Ayan Ali 2017 SCMR 1179 and Telecard Limited v. Federation of Pakistan and others C.P. No.D-2043 of 2014 rel. Sajid Dadbhoy v. NAB 2015 PCr.LJ 729; Asim Textile Mills v. NAB PLD 2004 Kar. 638; Mian Munir Ahmed v. State 2004 PCr.LJ 2012; Danish Kaneria v. Pakistan and others 2012 CLC 389; Mir Nabi Bakhsh Khan Khoso v. Branch Manager NBP Jhatpat 2000 SCMR 1017; Commissioner of Income Tax Peshawar v. Messrs Siemens A.G. PLD 1991 SC 368 and Messrs Dancom Pakistan (Pvt.) Ltd. v. Pakistan Telecommunication Authority 2012 CLD 394 ref. THIS ORDER PASSED BY: MOHAMMED KARIM KHAN AGHA, J.--- Through the above mentioned petition the petitioner (Telecard Limited) has prayed for the following relief(s):-- i) Allow the instant petition; ii) Declare that impugned…

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