ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Suit No.25 of 2018

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Dated: Order with signature of Judge(s)

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1. For orders on CMA No.96/2018

2. For orders on CMA No.97/2018

04.01.2018

Mr. Abdur Rehman advocate for the plaintiff.

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1) Urgency granted.

2) Per learned counsel for the plaintiff, as per clauses 1.0 and 1.1 of the agreement enclosed as annexure “B/2” with memo of plaint at page-71, the plaintiff is general agent for all maritime services at the ports of Karachi and other ports in Pakistan, said agreement was affected from 1^st December, 1998 and it shall continue until terminated by either party giving to the other notice in writing, in which event the Agreement shall terminate upon the expiration of a period of 3 months from the date upon which such notice was given. Learned counsel has drawn attention of this Court to clauses 10.1 and 10.2 of the said Agreement with regard to duration. Learned counsel contends that as per addendum issued by the defendant No.2 on July 8, 2009 enclosed alongwith plaint at pages-89 and 91 the plaintiff is entitled for 50% shares in bill of lading fees (COC Outbound). Learned counsel for the plaintiff further submits that surprisingly on 28.12.2017 plaintiff received an E-mail from defendant No.1 available as annexure “F” at page-141 with MoP, which was issued without giving notice to the plaintiff in terms of agreement. Per learned counsel, such acts of on the part of defendant No.2 is patently illegal and malafide. He further contends that in order to exonerate the situation the defendant No.1 issued an advertisement dated 2^nd January, 2018 whereby the customers were informed the appointment of Defendant No.1 as an agent of the defendant No.2 in Karachi for all new inquiries w.e.f. 01.01.2018. Per learned counsel by this act the defendants have damaged the goodwill and reputation of the plaintiff and has caused immense financial loss to the plaintiff. In support of his contention, learned counsel for the plaintiff has relied upon the case of Messrs Time N Visions International (Pvt) Ltd versus Dubai Islamic Bank Pakistan Limited reported in 2007 CLD 762. Issue notice to the defendants for 18.01.2018. Till next date of hearing, the defendant No.2 is restrained from appointing any other person as their agent for Karachi in violation and contrary to the agreement and Addendum agreement.

JUDGE