ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No.D-5310 of 2017

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Hearing / Priority Case:

1. For hearing of CMA No.22108/2017.

2. For hearing of main case.

(Notice & order issued)

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22-08-2017

Mr. Ali Almani, Advocate for Petitioner.

Mr. Meer Hussain Abbasi, Asst. Attorney General.

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Pursuant to Court’s Notice, Mr. Kashif Nazeer, Advocate has shown appearance and files Vakalatnama on behalf of the respondent No.6, which is taken on record.

Learned counsel for the petitioner, however, submits that instant petition can be disposed of in terms of earlier order passed by this Court in similar circumstances and has referred to the order dated 13.03.2017 passed by this Court in C.P. No.D-1278/2017 in the case of IGI Insurance Limited vs. Pakistan through Secretary Revenue and others, which is available at pages 187 to 189 of the Court’s file.

Learned counsel for the respondent No.6 does not oppose disposal of instant petition in terms of the aforesaid order.

Accordingly, by consent, instant petition is being disposed of with directions to the petitioner to file an application for urgent hearing of petitioner’s appeal before concerned bench of the Custom Appellate Tribunal, within seven-days from the date of this order, whereafter, the Appellate Tribunal may finally hear and decide the appeal after hearing both the parties, preferably, within a period of four weeks, from the date when the petitioner may approach the Custom Appellate Tribunal with a request of urgent hearing of appeal. In the meanwhile, the respondents shall not enforce the recovery of impugned demand, which is subject matter of appeal before the Custom Appellate Tribunal. In case of any adverse order, if passed, by the Custom Appellate Tribunal against the petitioner, the respondents shall not enforce the recovery of impugned demand for another period of seven-days from the date of receipt of 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