ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.19 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.623/2022 (Urgent).

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

3. For order on CMA No.512/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.513/2022 (Stay).

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7^th March 2022

Mr. Sami Ahsan, Advocate for Appellant.

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1. Urgency granted.

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

3. Exemption granted subject to all just exceptions.

4&5. Instant appeal has been filed against impugned judgment and decree dated 04.01.2022 passed by IVth Additional District Judge, Karachi Central in Summary Suit No.33 of 2019 filed by the respondent for the recovery of Rs.22,50,000/-, which has been decreed in the sum of Rs.15,00,000/- without any profit.

Learned counsel for the appellant submits that in respect of same cheque a criminal case was also registered under section 489-F, PPC, wherein, appellant has been acquitted, whereas, it has also come on record that such cheque was obtained through coercion in the police station. According to learned counsel for the appellant, admittedly there was no privity of contract between the appellant and the respondent, who claims to have the same with the brother of appellant, therefore, appellant was otherwise not under any obligation to make payment of such amount to the respondent. Per learned counsel, conditional leave to defend application was granted by the Banking Court, whereas, on the face of record, the appellant had a prima facie good case on merits, whereas, reliance was placed on the reported judgments of this Court, however, the same was not taken into consideration and since, the appellant could not furnish bank guarantee of equal amount of disputed cheque, the impugned judgment and decree have been passed against the appellant. According to learned counsel, if leave to defend application would have been granted unconditionally, and the appellant would have been given an opportunity to defend his case on merits as per his evidence, in accordance with law, the impugned judgment could not have been passed.

Let pre-admission notice be issued to the respondent, to be served through first three modes, for a date to be fixed after four weeks, when reply/objections, if any, shall be filed with advance copy to the learned counsel for appellant.

J U D G E