Law:

Section:

(a) Administration of justice--- ---Hierarchy of the judiciary functions in a disciplined and systematic manner in accordance with rules, practice, procedures and substantive law---No rule, practice, procedure or substantive law exists where a Single Judge of the High Court can sit in over a /order passed by a Division Bench of High Court to determine its legality or propriety. (b) Administration of justice--- ---For setting aside an order or to challenge the proceedings; remedy should be availed first of all within the hierarchy of the law under which the forum whose proceedings had been objected to was functioning instead of approaching different forum for the redressal of the grievances. Shaukat Khan v. Assistant Political Agent Landi Kotal Khyber Agency PLD 2002 SC 526; Muhammad Ashfaq v. The State PLD 1973 SC 368 and Khudai Dad and others v. The State PLD 1997 Quetta 69 ref. ORDER GULZAR AHMED, J.---These are applications under Order XXXIX, Rules 1 and 2, C.P.C. filed by the plaintiff. In C.M.A. No.6858 of 2005 the relief claimed is to restrain the defendant No.1 from inviting, entertaining, accepting any bid/tender for the sale of assets shares and right of management of defendant No.2 or to accept any bid or enter into any negotiations for the said purpose with any other person except the plaintiff till disposal of the suit. In C.M.A. No.7110 of 2005 the relief claimed is to restrain the defendant No.1 from inviting other bidders and holding the meeting of bidders schedules to be held on 14-9-2005 under the auspices of the defendant No.1 at Islamabad or any other place for the purpose of inviting bids for sale of the assets/shares/management of the defendant No.2 and further restrain the defendant No.1 from entertaining or inviting any bids in violation of the rights of the plaintiff as the highest bidder and/or may have the effect of creating third party interest to the prejudice of the plaintiffs right. Counter-affidavit and additional counter-affidavit are filed by the defendant No.1. The defendant No.2 has also filed counter-affidavit. Plaintiff has filed rejoinder affidavit as well as additional affidavit. Mr. Aziz A. Munshi, learned counsel for the…

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