ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1181 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.5333/2022 (Urgent).

2. For order on CMA No.5334/2022 (Exemption).

3. For order on CMA No.5335/2022 (Stay).

4. For hearing of main case.

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28^th February 2022

Mr. Fahad Khan, Advocate for Petitioner.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Learned counsel for petitioner submits that pursuant to an Order-in-Original No.135/2022 dated 28.01.2022 passed by the Assistant Commissioner (Unit-15), Sindh Revenue Board, Karachi, for the tax period from July 2017 to June 2018, petitioner has filed an appeal alongwith stay application before Commissioner (Appeals), Sindh Revenue Board, Karachi, which is pending disposal, however, no order has been passed thereon, whereas, the statutory period for making payment of the disputed amount has expired and the respondents are pressing recovery of the impugned demand by adopting coercive measures, hence requests that respondents may be restrained from enforcing the recovery of the impugned demand, which is subject matter of appeal pending before Commissioner (Appeals), SRB, Karachi till its final decision, in view of earlier orders passed by this Court in several other petitions, including C.P. No.D-5182/2020 in the case of (Re: The Trustees of the Port of Karachi v. Sindh through Secretary, Ministry of Finance & others), copy of which has been placed on record.

Let pre-admission notice be issued to the respondents as well as Advocate-General, Sindh, to be served through first three modes, for 15.03.2022, when parawise comments, if any, shall be filed with advance copy to the learned counsel for petitioner. In the meanwhile, respondents shall not enforce the recovery of the impugned demand, which is subject matter of appeal pending before Commissioner (Appeals), SRB, Karachi.

J U D G E