ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No.D-5364 of 2017

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Hearing / Priority Case:

1. For order on CMA No.22389/2017.

2. For hearing of main case.

(Notice issued)

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23-08-2017

Mr. Iqbal Salman Pasha, Advocate for Petitioner.

Mr. Meer Hussain Abbasi, Asst. Attorney General.

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Pursuant to Court’s Notice, Mr. Mohsin Imam, Advocate has shown appearance and files Vakalatnama on behalf of the respondent, which is taken on record.

Learned counsel for the petitioner submits that instant petition can be disposed of in terms of earlier orders already passed by this Court in number of petitions involving similar controversy, wherein, Respondents have been restrained from enforcing the recovery of impugned demand, which is subject matter of appeal pending before the Commissioner, till its final decision. In support of his contention, learned counsel has placed on record a copy of order dated 17.8.2017 passed in C.P. No.D-2595 of 2017 (M/s.Intertek Pakistan (Pvt) Limited vs. The Federation of Pakistan and others).

Learned counsel for the respondents could not controvert such position.

Accordingly, instant petition is being disposed of with directions to the respondents not to enforce the recovery of impugned demand, which is subject matter of appeal before the Commissioner (Appeals-III) Karachi, till its final decision.

It is expected that Commissioner (Appeals-III) 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-III) against the petitioner in the instant case, the respondents may not enforce the recovery of 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 the above terms alongwith listed application.

J U D G E

Farhan/PS