| Citation(s) |
|---|
| 2023 SLG 173 2023 SLD 173 2023 CLC 100 |
Sindh High Court
Suit No.1886 of 2019, decided on 1st February, 2021. Date of hearing: 19th November, 2020.
MUHAMMAD FAISAL KAMAL ALAM, J
Muhammad Nouman Jamali for Plaintiff. Khawaja Shams-ul-Islam and Shehzad Mehmood for Defendants Nos.10 and 11. Maria Tahir and Waqar Ali for Defendant No.1. Ghulam Ali Khan for Defendant No.2. Iftikhar Hussain and Ms. Tania Alam for Defendant No.7. Ms. Sa
Suit No.1886 of 2019, decided on 1st February, 2021. Date of hearing: 19th November, 2020.
MUHAMMAD FAISAL KAMAL ALAM, J
Muhammad Nouman Jamali for Plaintiff. Khawaja Shams-ul-Islam and Shehzad Mehmood for Defendants Nos.10 and 11. Maria Tahir and Waqar Ali for Defendant No.1. Ghulam Ali Khan for Defendant No.2. Iftikhar Hussain and Ms. Tania Alam for Defendant No.7. Ms. Sa
ATIF SHABBIR--Plaintiff
VS
RIZWAN RIAZ and 10 others----Defendants
Law: Specific Relief Act, 1877
Section: 56
Law: Civil Procedure Code (V of 1908)
Section: 1,2
Law: Penal Code (XLV of 1860)
Section: 489-F
(a) Specific Relief Act (I of 1877)--- ----S.56---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1, 2---Penal Code (XLV of 1860), S.489-F---Injunction to initiate judicial proceedings---Interim injunction, refusal of---Injunction when refused---Dishonestly issuing a cheque---Civil and criminal proceedings---Scope---Petitioner seeks ad-interim injunction restraining initiation of proceedings against him in respect of several cheques which have allegedly been stolen by defendant and handed over to others/interveners---First Information Reports have also been lodged against the plaintiff---Validity---Criminal proceedings and other civil litigation between the parties hereto relating the dishonouring of cheques is sub judice---Complaints about alleged fraud and cheating against plaintiff cannot justify that a restraining order be granted to plaintiff as it would have an adverse influence on any pending or future proceedings---Case of plaintiff is not confined to a cheque or few cheques given in pursuance of some undisputed transaction, which can justify a restraining order, in order to forestall further complications in the matter or multiplicity of the proceedings---Numerous cheques in question are in possession of different persons regarding which plaintiff has taken different stance, which require a proper trial---Interlocutory order cannot be extended even indirectly to those and to such matters which are not before the court---Ad-interim injunction cannot be extended to the dishonoured cheques---Application stands dismissed. Jehan Khan v. Province of Sindh and others PLD 2003 Kar. 691; Digri Sugar Mills Limited, Karachi and 2 others v. Mian Kamran Ilahi through L.Rs. and 8 others PLD 2020 Sindh 678; Fine Textile Mills Ltd., Karachi v. Haji Umar PLD 1963 SC 163; Justice Khurshid Anwar Bhinder and others v. Federation of Pakistan and another PLD 2010 SC 483; Muhammad Hussain and 6 others v. Farzand Ali and 3 others PLD 1976 Lah. 1173; Messrs A.R. Bhuiyan, Co. Ltd. v. Messrs Centrotex Foreign Trading Corporation PLD 1968 Dacca 779 and Mistri Muhammad Ramzan v. Noor Muhammad and 2 others PLD 1995 Quetta 5 distinguished. Saifullah Khan v. VIIth Additional District…
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