ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.12 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.429/2022 (Urgent).

2. For order on office objection a/w reply as at ‘A’.

3. For order on CMA No.430/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.431/2022 (Stay).

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15^th February 2022

Mr. Hamid A. Memon, Advocate for Appellant.

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1. Urgency granted.

2. Learned counsel for the appellant undertakes to comply with office objection before next date of hearing.

3. Exemption granted subject to all just exceptions.

4&5. Instant appeal has been filed against impugned judgment dated 10.01.2022 and decree dated 17.01.2022 passed by the learned IInd Additional District Judge, Karachi West in Summary Suit No.16 of 2018, whereby, the suit filed by the respondent under Order XXXVII Rules 1&2 CPC for recovery of Rs.18,16,163.92 on the basis of dishonoured cheques has been decreed alongwith markup @ 6% per annum in terms of Sections 79 and 80 of the Negotiable Instruments Act from the date of filing of the suit till its realization. Learned counsel for the appellant submits that as per company policy blank cheques were obtained by the respondent alongwith promissory note, as the appellant was the distributor of respondent, however, meager amount was payable by the appellant to the respondent, who had filed a Suit No.5035/2018 before the Court of Senior Civil Judge at Rawalpindi for rendition of accounts, declaration and permanent injunction, which is pending disposal, however, such fact has not been taken into consideration by the learned trial Court while passing impugned judgment. Per learned counsel, there are certain other discrepancies in the impugned judgment, which will be highlighted at the time of final hearing of instant appeal.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for 02.03.2022, when objection/reply, if any, shall be filed with advance copy to the learned counsel for appellant.

At this juncture, learned counsel for the appellant further submits that since the respondent has initiated recovery proceedings before the executing Court, therefore, requests that the operation of impugned judgment may be suspended, as according to learned counsel, the amount has already been secured by the respondent before the trial Court while submitting property documents. In view of such statement, the executing Court may not finalize the execution proceedings till next date of hearing.

J U D G E