ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No.D-4475 of 2017

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Hearing / Priority Case:

1. For hearing of CMA No.19346/2017.

2. For hearing of main case.

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22-08-2017

Mr. Muhammad Faheem Bhayo, Advocate for Petitioner.

Mr. Muhammad Aqeel Qureshi, Advocate for Respondent.

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Learned counsel for the petitioner submits that instant petition can be disposed of in terms of earlier orders already passed by this Court under similar circumstances, whereby, respondents have been restrained from enforcing the recovery of the impugned demand, which is subject matter of appeal before Commissioner (Appeals-IV) till its final decision. In support of his contention, learned counsel for the petitioner has placed on record copy of order dated 11.08.2017 passed in C.P. No.D-4588/2017 (M/s.Sattar (Private) Limited vs. The Chief Commissioner (IR) Corporate RTO and others).

Learned counsel for the respondent does not oppose such disposal of instant petition in terms of aforesaid order.

Accordingly, by consent, instant petition is being disposed of with directions to the Respondents not to enforce the recovery of the impugned demand, which is subject matter of appeal before the Commissioner (Appeals-IV) LTU, Karachi, till its final decision. It is expected that Commissioner (Appeals-IV), LTU, Karachi, may decide the appeal of the petitioner, preferably, within a period of four weeks from the date of receipt of this order, which shall be communicated to the concerned Commissioner by the petitioner within a week. In case of any adverse order, if passed by the Commissioner (Appeals-IV) against the petitioner in the instant case, the respondents may not enforce the recovery of the impugned demand for another period of seven days from the date of receipt of such appellate order to enable the petitioner to seek further remedy in accordance with law.

Petition stands disposed of in above terms alongwith listed application.

J U D G E

Farhan/PS