Case Details

Citation(s)
1961 SLD 514 = 1961 PLD 842

Civil Miscellaneous Case No. 1152 of 1961, decided on 31st May 1961.
Shabir Ahmad, J. Ortcheson and A. R. Changez, JJ

Mian IFTIKHAR-UD-DIN & ARIF IFTIKHAR----Petitioners

VERSUS

MUHAMMAD SARFRAZ AND ANOTHER-----Respondents

Law:

Section:

SHABIR AHMAD, J.-This application under section 151 and Order XXXIX, rules 1 and 2-of the Code of Civil Procedure was presented in this Court on the 9th of May 1961, and purported to be in continuation of Writ Petition No. 742 of 1960. The applicants in this application are Mian Iftikhar-ud-Din and his son Arif Iftikhar who are the petitioners in Writ Petition No. 742 of 1960. The application has prayed for a direction staying the implementation of the order of the Pakistan Central Government whereby the sale of the shares of Mian Iftikhar-ud-Din and his son Arif Iftikhar, which had been held by means of an- auction in August 1959, had been set aside. The further prayers in this application are that Habib Bank Ltd., Lahore, as well as its Branches, the bankers of the Progressive Paper Limited, should be directed not to make any payment on the direction of either of the two respondents or the Progressive Papers Ltd. to Mr. Ahmad Dawood either by cheque or by transfer or by any other method until the disposal of Writ Petition No. 742 of 1960 and that the respondents as well as the Bankers of the Progressive Papers Ltd. should be restrained from making any pay ment to Mr. Ahmad Dawood on account of refund of the part of the price of the shares already paid by him. The application was placed, on the 9th of May 1961, before his Lordship the Chief Justice of this Court who issued an interim stayed and directed that the matter be considered by a Full Bench. It is in these circumstances that this Bench of the three Judges has been constituted to consider the question whether or not the orders prayed for in the application should issue.   It would help in understanding the matter if a brief reference is made to Writ Petition No. 742 of 1960 in continuation of which this application has been put in. The Writ Petition was presented to this Court by Mian Iftikhar-ud-Din and his son Arif Iftikhar for issue of a Writ directing the two respondents to the petition, namely, Mr. Muhammad Sarfraz, Administrator, Pro gressive Papers Ltd Lahore, and the Government of Pakistan, through the Secretary, Ministry of Interior, Rawalpindi, to per form their legal and statutory duty…
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