ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Suit No.28 of 2018

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Dated: Order with signature of Judge(s)

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1. For orders on CMA No.117/2018

2. For orders on CMA No.118/2018

04.01.2018

Mr. Ovais Ali Shah advocate for the plaintiff.

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1) Urgency granted.

2) Per learned counsel for the plaintiff, the defendant No.4 has issued show cause notice dated 27.12.2017 available as annexure “A/1” at page-23-A and 23-B with memo of plaint. Learned counsel for the plaintiff contends that on similar and identical grounds this Court while placing reliance upon the judgment pronounced by the Hon’able Supreme Court of Pakistan on 10.11.2016 in Civil Apeals Nos.1049 to 1055 of 2011 passed order in Suit No.02/2017 on 02.01.2017 in the case of National Investment Trust Limited versus FBR and others. Photocopy of certified copy of order is available at page-129 with memo of plaint whereby while issuing notices to the defendants and Attorney General for Pakistan, the respondents were restrained to take any coercive action against the plaintiff in relation to the impugned supper tax, till next date of hearing. Learned counsel further contends that such type of orders were also passed by this Court in several other pending suits and prays for same relief. Issue notice to the defendants and Attorney General for Pakistan for 11.01.2018 to be tagged alongwith similar suits. Till next date of hearing, no coercive action should be taken against the plaintiff in respect of impugned show cause notice and the proceedings with regard to the impugned notice pending before the defendants should not be finalized.

JUDGE