| Citation(s) |
|---|
| 2005 SLG 1583 2005 SLD 1583 2005 CLD 529 |
Sindh High Court
C. Ps. Nos. D 2276; D 2277 and D 2278 of 1992, heard on 23rd April, 2003.
SAIYED SAEED ASHHAD, C.J. AND GHULAM RABBANI, J
Muhammad Farid for Petitioners (in C. Ps. Nos.D 2277 and D 2278 of 1992). Abrar Hasan for
Respondent No. 1 (in all Petitions). Altaf Hussain for
Respondent No. 2 (in C.P. No. 2276 of 1992). Masood Anwar Ausaf for
Respondent No. 2 (in C.P. No. 2277 of 1
C. Ps. Nos. D 2276; D 2277 and D 2278 of 1992, heard on 23rd April, 2003.
SAIYED SAEED ASHHAD, C.J. AND GHULAM RABBANI, J
Muhammad Farid for Petitioners (in C. Ps. Nos.D 2277 and D 2278 of 1992). Abrar Hasan for
Respondent No. 1 (in all Petitions). Altaf Hussain for
Respondent No. 2 (in C.P. No. 2276 of 1992). Masood Anwar Ausaf for
Respondent No. 2 (in C.P. No. 2277 of 1
Messrs SAKRAND SUGAR MILLS and others ers
VS
. Messrs STATE BANK OF PAKISTAN and others ----Defendants
Law:
Section:
(a) State Bank of Pakistan Scheme For Financing/Purchase of Locally Manufactured Machinery, 1985 State Bank of Pakistan Circular No. 1 dated 13 3 1988 --¬Constitution of Pakistan (1973), Art: 199 Constitutional petition Machinery Definition Machineries/ equipments to be included in the locally manufactured machinery ¬Scope Only those machineries/equipments which were to be used or were involved in the sugar manufacturing process could be included in the Scheme If machineries/equipments did not form .part of the sugar manufacturing process, then irrespective of the fact that any machinery was essential for erecting or setting up a sugar processing plant, would not bring the machineries within the scope of the Scheme and finance could not be provided therefor Contention that in the absence of the three items of machineries/equipments the sugar manufacturing plant could not be set up on account of which then three items had assumed great importance requiring to be financed under the LMM Scheme was without any substance Cost of erection and commission charges were not to be financed under the LMM Scheme and finance facility therefore was not in accordance with the Scheme State Bank of Pakistan had not acted illegally and in contravention of the provisions of law in excluding the machinery/equipments from the Scheme withdrawing the finance facility from the Scheme and converting the same to LCY GTF mark up in respect of said machinery /equipments; and imposition of fine ¬Certificate issued by the Heavy Mechanical Complex would not in any manner establish that any machinery /equipment was integral part of the manufacturing process without which manufacturing of sugar would not have been possible Principles. The question to be decided in the present case is as to what machineries/equipments were to be included in the LMM Scheme (Scheme For Financing Purchase of Locally Manufactured Machinery). From a bare perusal of the provisions of the scheme, it is to be noted that finance was to be provided for purchase of locally Manufactured plant and machinery, including accessories thereof, which were used or involved in the actual manufacturing process in the manufacturing…
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