IN THE HIGH COURT OF SINDH, KARACHI
Const. Petition No.D-201 of 2011
Date Order with signature of the Judge
1. For order on CMA No.9656/2011 (if granted).
2. For order on CMA No.9657/2011 (u/s.151 CPC).
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Mr. Naveed-ul-Haq, Advocate for Petitioner.
Mr. Irshad Ali Kehar, DAG for Respondent No.1.
Mr. Haider Iqbal Wahniwal, Advocate for Respondent No.2 along with Mr. Ilyas Ahsan, Law Officer of Custom Department.
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1. Urgency is granted.
2. Mr. Naveed-ul-Haq waives notice of this application and has argued at length and seeks time to file proper counter-affidavit.
Mr. Haider Iqbal Wahniwal, learned counsel for the respondent, has contended that this Court vide order dated 20.02.2008 has directed the release of consignment on deposit of the duties in accordance with SRO 575/2006 through post-dated cheque and since this Court vide order dated 11.10.2010 had dismissed the instant petition by holding it, as not maintainable, therefore, the cheque deposited with the Nazir of this Court consequent to the order dated 20.02.2008 be handed over to the respondents for encashment.
On the other hand, Mr. Naveed-ul-Haq, learned counsel for the petitioner, has contended that in other petitions the issue regarding applicability of SRO 575/2006 has been decided in favour of petitioner, therefore, the present petitioner is also entitled to the same benefit by application of doctrine of good governance.
However, perusal of the record reflects that the application of SRO 575/2006 requires determination of factual controversy i.e. as to whether the goods imported are locally manufactured or not. Therefore, such benefit on the basis of good governance cannot be extended to the petitioner, however, since the appeal filed by the petitioner is pending before the Tribunal we will grant ten-days time to the petitioner to obtain interim order, failing which, the Nazir shall release the cheque to the respondent.
Applications in above terms stands disposed of.
JUDGE
JUDGE