ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.315 of 2022

_____________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.3044/2022 (Urgent).

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

3. For order on CMA No.3045/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.3046/2022 (Stay).

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Dated; 23^rd September 2022

Mr. Muhammad Ali Lakhani alongwith Mr. Mujtaba Sohail Raja, Advocate for Appellants.

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1. Urgency granted.

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

3. Exemption granted subject to all just exceptions.

4&5. Instant High Court Appeal has been filed against impugned order dated 19.09.2022 passed by the learned Single Judge of this Court in Suit No.1210 of 2022, which according to learned counsel for the appellants, was filed by the respondent No.5 against official respondents expressing their grievance that respondents are not entertaining their application to participate in the bidding process, whereas, on 17.08.2022, while issuing notices to the defendants, the learned Single Judge was pleased to direct the defendants that “the defendants may before conducting the auction, scrutinize the documents of the plaintiff and pass appropriate order before conducting auction proceedings, however, the plaintiff shall not be ousted on the count that they failed to appear earlier and submit the required documents on 15 and 16 of August 2022”. Per learned counsel, the plaintiff did not disclose the whole facts, as the auction proceedings were held on the same date, and were eventually prior to Court’s order and notice issued to the defendants, whereas, the contract was already awarded to the appellants being the highest bidder after compliance of all codal formalities and payment of the requisite amount as per terms of the contract. According to learned counsel, inspite of the fact that the learned Single Judge was duly informed that on the said date the contract was already awarded in favour of the appellants, the suit has been disposed of with the directions to the Nazir of this Court to conduct fresh auction proceedings while allowing previous participants as well as the plaintiff in the suit to participate in such auction proceedings. It has been contended by the learned counsel for appellants that if the true facts would have been placed before the learned Single Judge and the appellant would have been provided an opportunity of being heard in the suit, the impugned order could not have been passed. Per learned counsel, a substantial right has been accrued in favour of the appellants being the highest bidder, however, through impugned order, the whole process has been scraped at the instance of the defaulting participant in the contract. According to learned counsel, though the appellant was not party in the aforesaid suit, however, since the appellants have been seriously aggrieved by impugned order, therefore, instant appeal has been filed in view of the judgment of the Hon’ble Supreme Court of Pakistan in the case of H.M. SAYA & CO. KARACHI v. WAZIR ALI INDUSTRIES LTD., KARACHI (PLD 1969 SC 65).

Let pre-admission notices be issued to the respondents as well as Advocate-General, Sindh, to be served through first three modes, for 30.09.2022, when reply/objection, if any, shall be filed with advance copy to the learned counsel for the appellants. However, in the meanwhile, Nazir may not take any further proceedings pursuant to the impugned order till next date of hearing.

J U D G E

*Farhan/PS*