| Citation(s) |
|---|
| 2011 SLG 6429 2011 SLD 6429 2011 PCRLJ 457 |
Sindh High Court
Constitutional Petition No. D-385 of 2008, decided on 5th November, 2010.
BEFORE GULZAR AHMED AND IMAM BUX BALOUCH, JJ
Zulfiqar Noorani and Sameer Ghazanfar for Petitioners. Muhammad Aslam Butt, D.P.G. NAB for
Respondent. Ms. Naheed A. Shahid for the Bank.
Constitutional Petition No. D-385 of 2008, decided on 5th November, 2010.
BEFORE GULZAR AHMED AND IMAM BUX BALOUCH, JJ
Zulfiqar Noorani and Sameer Ghazanfar for Petitioners. Muhammad Aslam Butt, D.P.G. NAB for
Respondent. Ms. Naheed A. Shahid for the Bank.
S.A. SATTAR BATTIWALLA AND 3 OTHERS---PETITIONERS
VS
NATIONAL ACCOUNTABILITY BUREAU---RESPONDENT
Law: National Accountability Ordinance, 1999
Section: 5(r),25,25-A,33-E
Law: Constitution of Pakistan, 1973
Section: 199
National Accountability Ordinance (XVIII of 1999)--- ----Ss. 5(r), 25, 25-A & 33-E---Constitution of Pakistan, Art.199---Constitutional petition---Wilful default, plea bargain, recovery of amount of fine---Accused/petitioners sought extention in time fixed for payment of dues to bank in plea bargain---Validity---Accused having failed to make payment of balance amount of plea bargain, were not entitled to any equitable and discretionary relief by High Court in exercise of its constitutional jurisdiction under Art.199 of the Constitution--Petition was dismissed in circumstances. Mukesh Kumar v. Chairman NAB PLD 2008 Kar. 38 and Minhon Khan Chandio v. National Accountability Bureau in C.P. No.D-1330 of 2010 ref. Rehmatullah and others v. Mst. Hameeda Begum and others 1986 SCMR 1561 and The Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others PLD 1975 SC 331 fol. ORDER: GULZAR AHMED, JUSTICE:---.--- The petitioners have filed this petition with the following prayers: (i) Admit the petitioners to anticipatory bail in Accountability Reference No. Nil of 2007. (ii) Grant the petitioner six months time starting 1-3-2008 to satisfy all debts and liens of Habib Bank A.G. Zurich. (iii) Restrain the respondent, their agents, servants and all persons acting through or under them from taking any coercive actions against the petitioners till the expiry of the six month period starting 1-3-2008. (iv) Direct the respondent to withdraw all proceedings against the petitioners once the petitioners have satisfied their debts and liens in favour of the Habib Bank A.G. Zurich. (v) Grant any other relief as this Court may deem fit and proper. Learned counsel for the petitioners has contended that Reference No. 06 of 2010 has been filed by the NAB Authorities against the petitioners on the ground of default in payment of bank liabilities and that petitioners may be allowed six months time to pay dues as petitioners are making the arrangements to discharge their liabilities. Mr. Muhammad Aslam Butt, learned D.P.G. NAB, on the other hand, has contended that reference has been filed for wilful default in payment of bank dues by the petitioners and they have…
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