ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. Nos.242, 243, 244 & 245 of 2022

___________________________________________________________________ Date Order with signature of Judge

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H.C.A. No.242/2022:

FRESH CASE:

1. For order on CMA No.2264/2022 (Urgent).

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

3. For order on CMA No.2265/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2266/2022 (Stay).

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H.C.A. No.243/2022:

FRESH CASE:

1. For order on CMA No.2267/2022 (Urgent).

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

3. For order on CMA No.2268/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2269/2022 (Stay).

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H.C.A. No.244/2022:

FRESH CASE:

1. For order on CMA No.2270/2022 (Urgent).

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

3. For order on CMA No.2271/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2272/2022 (Stay).

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H.C.A. No.245/2022:

FRESH CASE:

1. For order on CMA No.2273/2022 (Urgent).

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

3. For order on CMA No.2274/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2275/2022 (Stay).

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Dated; 12^th August 2022

Mr. Faisal Siddiqui, Advocate for Appellant in all appeals.

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1. Urgency granted.

2. Learned counsel for the appellant undertakes to comply with office objection(s) before next date of hearing.

3. Exemption granted subject to all just exceptions.

4&5. Instant High Court Appeals have been filed against impugned combined order dated 13.06.2022 passed by the learned Single Judge of this Court in Suits Nos.2272, 2273, 2455 and 2474 of 2022 filed by the respondents No.1 to 6, whereby, according to learned counsel for the appellant, the injunction applications filed on behalf of the respondents in the instant cases have been allowed to the extent of casting vote decision of Chairman/ Chairperson only, however, subject to securing 50% of the penalty recommended by the Commission with the Nazir of this Court through a bank guarantee in two weeks’ time. According to learned counsel for the appellant, the finding of the learned Single Judge in the impugned combined order on the controversy relating to the authority of the Chairman/ Chairperson in respect of casting vote under Section 24(5) of Competition Act, 2010 is erroneous in law and facts, which needs to be set aside by this Court in the instant matters. It has been further contended by the learned counsel for appellant(s) that the respondents have also filed High Court Appeals bearing Nos.234, 235, 236 and 237 of 2022 containing similar controversy and the restraining order(s) have been obtained, however, through misrepresentation of facts, as according to learned counsel, the respondents filed three applications seeking extension of time to furnish bank guarantee in respect of 50% of the disputed amount of penalty and inspite of time granted by the learned Single Judge the needful has not been done, on the contrary respondents filed the aforesaid appeals without any lawful justification. It has been prayed that notice of instant appeals may be issued to the respondents and instant appeals may be directed to be taken up alongwith aforesaid appeals on the next date of hearing.

Conversely, Mr. Abdul Sattar Pirzada, Advocate present in Court pursuant to Notice under Order 43 Rule 3 CPC, waives notice of instant High Court Appeals, files vakalatnamas on behalf of the respondents Nos.2, 3 & 4 in HCA No.242/2022 and for respondents Nos.18 & 19 in HCA No.243/2022 and undertakes to file vakalatnamas on behalf of the respondents in other appeals, however, claims copy of instant appeals alongwith annexures and requests for time to file objection/reply. Let the same be filed before next date with advance copy to the learned counsel for appellant. Let notice be issued to the remaining respondents as well as learned Attorney General for Pakistan, to be served through first three modes, for 22.08.2022, to be taken up at 12:00 Noon.

Office is directed to fix instant appeals alongwith aforesaid appeals on the next date of hearing.

At this juncture, learned counsel for the appellant submits that some of the respondents have already furnished bank guarantee before the Nazir of this Court, therefore, requests that they may be directed not to withdraw the same. Order accordingly.

J U D G E