Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2,5

(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Suit for declaration and injunction---Application for grant of interim injunction---Plaintiff company had claimed that defendant Bank be restrained from declaring the advance made by plaintiff as doubtful liability in its accounts and prayed that amount be directed to be deposited by the Bank in the Court---Validity---Bank was under certain directions of the State Bank of Pakistan to meet minimum capital requirements as well as capital adequacy ratio and for that could not have shown such advance of plaintiff as financial liability as capital requirement which at the time of amalgamation had completely wiped out and was in fact in negative---No justification, in circumstances, existed on behalf of plaintiff to grant relief being sought through application, which otherwise was a very harsh order to be made against the Bank for deposit of entire amount being claimed in suit with Court---No prima facie case was made out on behalf of plaintiff nor balance of convenience was in its favour and no irreparable loss would be caused if the order as solicited was refused---Application was dismissed in circumstances. Messrs Sports World and others v. Latees Fabrics and others 1995 MLD 1707; Nazar Muhammad v. Ali Akbar PLD 1989 Kar. 635; Baslagamwala Oil Mills (Pvt.) Ltd. v. Shakarchi Trading A.G. and 2 others PLD 1990 Kar. 1; Muhammad Ather Hafeez Khan v. Messrs SsangYong and Usmani JV PLD 2011 Kar. 605; Mohiuddin Molla v. The Province of East Pakistan (2) Abdus Sobhan and (3) Ketab Ali PLD 1962 SC 119; Ms. Afshan v. Syed Kamran Ali Shah and 6 others 2013 CLC 1220 and Pakistan Railways Employees Cooperative Housing Society Ltd. v. Karachi Building Control Authority and 9 others 2015 CLC 1223 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XXXVIII, Rr. 1 & 5---Attachment before ---Object, purpose and scope---Such power is not to guarantee the plaintiff availability of an asset to satisfy decree which ultimately may be passed; it is to ensure non-abusing of process of court by defendant. THIS ORDER PASSED BY: MUHAMMAD JUNAID GHAFFAR, J.--- All listed applications are being dealt with through this common…

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