ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.280 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.2601/2022 (Urgent).

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

3. For order on CMA No.2602/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2603/2022 (Stay).

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Dated; 26^th August 2022

Mr. Ahmed Ali Hussain, Advocate for Appellant.

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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 Appeal has been filed against an impugned order dated 11.08.2022 passed by the learned Single Judge of this Court in Suit No.1352 of 2021, whereby, according to learned counsel for the appellant, on misrepresentation of facts respondents No.1&2 have obtained adverse order against the appellant, who is sole proprietor of M/s. Syed Engineering Services and carrying on their business on the given address under the name and style since 1980, whereas, according to learned counsel for the appellant, as per contents of the pleadings, respondents No.1&2 were referring to a purported partnership deed dated 01.07.2018, wherein, the husband of appellant has been shown as one of the partners. Per learned counsel, the partnership deed, as referred to hereinabove, is a forged document, however, the order for appointment of Official Assignee as Received has been passed without ascertaining the actual facts and hearing the parties, which is adversely affecting the interest of the appellant. According to learned counsel, the claim of the respondents No.1&2, besides being frivolous, otherwise cannot be entertained for the reason that the purported partnership deed is not registered.

Let pre-admission notices be issued to the respondents, to be served through first three modes, for 02.09.2022, when reply/objection, if any, shall be filed with advance copy to the leaned counsel for the appellant. However, till next date of hearing, the operation of the impugned order to the extent of appointment of the Official Assignee as Receiver shall remain suspended.

J U D G E