IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition. # /2003

M/s National Drop Forge Ind. (Pvt) ……………………….…Petitioner

VERSUS

United Bank Ltd and others…. …………….…………...….Respondents

INDEX
S.No DESCRIPTION ANNEXED PAGES

From to
1. Memo of Constitution Petition & affidavit
1
2. Impugned Order A

3. Copy of Resolution B
4. Copy State Bank Policy C
5. Copy of App. Filed to res. D
6. Copy of app. Filed to Governor E
7 Copy of App. For adjournment F
8. Copy of Pay order G
9. Copy of objection H
10. Copy of order 14-03-200 I
03. Copy of App. 21-03-2003 J
12 Copy of App. 23-03-2003 K
13. Exemption App & affidavit
14. Injunction Application
15. Urgent Application
16. Vakalatnama

Karachi.
Dated : 05-03-2003 Advocate for the Petitioner
S.M. Saleem
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IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition # /2003

M/s National Drop Forge Ind. (Pvt) Ltd.

Through its authorized Director
Aga Muhammad son of Sher Jan
Muslim adult, Having Office at C-32,
Block #17, Scheme # 24, Muhammadi
Colony, Gulishan-e-Iqbal Karachi.………..…………………..Petitioner

VERSUS

1. State Bank of Pakistan

Through its Governor
I.I. Chundrigar Road, Karachi

2. M/s United Bank Limited,

Khayaban-e-Shamsheer Branch
Defence Housing Authority Karachi

3. Syed Javed Mustafa son of not ascertainable

Muslim adult, Managing Director, II-Knit
(Pvt) Ltd, Plot # 3, Sector 12-D, Industrial
Area, North Karachi, Karachi …………………….………..Respondents

CONSTITUTION PETITION UNDER

ARTICLE 199 OF THE CONSTITUTION
OF ISLAMIC REPUBLIC OF PAKISTAN, 1973

The Petitioner above named most respectfully entreats to submit as

under:-
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1. That Aga Muhammad has been authorized by the company to file
present Constitution Petition in this Honorable court. (Photo state
copy of resolution is appended herewith and marked as ‘A’).

2. That the respondent # 2/Bank is Decree Holder in execution

application # 98/1999, while Petitioner is Judgment Debtor.
Respondent # 3 is auction purchaser for the factory of the Petitioner.

3. That while execution proceeding was pending. The State Bank of

Pakistan/respondent # 1 vide its circular # 29 dated 15-10-2003,
announced the policy regarding recovery of loans. (Photo state copy
of the policy is appended herewith and marked as ‘B’).

4. That according to the said policy sufficient discount has to be given

by the respondent # 2. The Petitioner immediately rushed to the
Bank/respondent # 2 and filed an application that according to the
policy announced by State Bank of Pakistan/respondent # 1,
concession may be given and settle the amount, which is to be paid by
the Petitioner to the bank. Since the respondent # 2 did not give any
response to the Petitioner , then Petitioner moved an application to
the Governor State Bank of Pakistan/respondent # 1 for settlement of
account. (Photo state copies of the applications are appended
herewith and marked as ‘ C’ and ‘D’).

5. That on coming date in the learned court below that is 12-03-2003,

the Petitioner as a token of its sincerity deposited a pay order in the
sum of RS. 5,00,000/- along with an application requesting to the
learned Judge that matter may be adjourned as the Petitioner has
filed an application with the bank for settlement of due amount
according to the policy of the State Bank of Pakistan. (Photo state
copy of the application and copy of pay order are appended herewith
and marked as ‘E’ and ‘F’).

6. That the learned Banking Court gave notice to the bank/respondent #

2. The respondent # 2 filed its objections, stating therein wrongly that
policy announced by State Bank does not apply to the case of
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Petitioner. (Photo state copy of the objections filed by respondent # 2
is appended herewith and marked as ‘G’).

7. That the learned Banking Court after perusal of application as well

as objections dismissed application of the Petitioner vide its order
dated 14-03-2003, which was called in question in this Honorable
court and Constitution Petition bearing # 80/2003 was preferred in
this Honorable court. (Photo state copy of the order is appended
herewith and marked as ‘H’).

8. That the said Appeal bearing # 80/2002 of the Petitioner was placed
before Honorable DB-1, comprising Honorable Chief Justice and
Honorable Mr. Justice Ghulam Rabbani on 21-03-2003, the learned
judges after hearing the counsel of the Petitioner were pleased to
pass an order and notice was given to the respondents.

9. That on same day matter was fixed for confirmation of sale before
learned Banking Court. The counsel of the Petitioner filed an
application for adjournment submitting therein that the order passed
by Banking court dated 14-03-2003 has been called in question in
First Appeal # 80/2003 in Honorable High Court of Sindh and the
Honorable Division Bench has been pleased to pass an order for
issuance of notice to the respondents to examine the question of law
as to whether case of the Petitioner is covered by the policy
announced by State Bank of Pakistan or not. ( Photo state copy of
application dated 21-03-2003 is appended herewith and marked as
‘I’).

10. That the learned Banking Court on the above said application was
pleased to pass an order “Let the copy of order of Honorable High
Court be produced on 23-03-2003”.

11. That the counsel of the Petitioner made its efforts to obtain copy of
order passed in said Appeal but the same could not be taken for the
reason that file was not available in appellant branch.
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12. That on 23-11-2002, counsel of the Petitioner filed an other
application , stating therein the facts that still file is not available in
the branch so matter may be adjourned to some another date but
learned judge of Banking Court ignoring all facts passed final order
and confirmed the sale and disposed of the proceeding. Order passed
dated 23-11-2002 appended and marked as ‘J’.

13. That the petitioner called in question the order dated 23-11-2002, by
filing first Appeal # 81/2002.

14. That both the appeals of the petitioner were fixed and disposed off by
this court on 24-12-2002. (Order passed dated 24-12-2002 are
appended and marked as ‘K’).

15. That order dated 24-12-2002 was transmitted to respondent # 1 for its
compliance but no avail. (Photo state copy of statement dated 07-01-
2002 and order are appended herewith and marked as ‘L’ and ‘M’).

16. That respondent # 1 failed to make compliance of court order, the

petitioner filed an application with request to enforce order dated 24-
12-2002 but the same was dismissed by order dated 26-02-2003.
(Photo state copy of application filed for enforcement and order dated
26-02-2003 are appended herewith and marked as ‘N’ and ‘O’).
Hence this petition having no alternate remedy.

17. That there is no alternate remedy available to the petitioner for

enforcement of order/direction dated 24-12-2002 passed by this
court in First Appeal # 80/2002 and 81/2002 as application filed by
petitioner under Section 151 Code of Civil Procedure was dismissed.

18. That no other petition has been filed prior to this.

19. That there is no impugned order in this constitution petition.

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20. That the petitioner has not concealed any fact but has set forth for the
perusal of this Honorable court.

PRAYER

The Petitioner therefore prays that this Honorable court may be

pleased to issue writ and take further steps for compliance of
direction passed by this Honorable court in its order dated 24-12-
2002, while disposing off two first appeals of the petitioner.
Any other equitable relief (s) as this Honorable Tribunal may deem
fit and proper under the circumstances of this Constitution Petition.

Petitioner

Karachi Advocate for the Petitioner.

Dated: 05-03-2003
 Page #

IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition # /2003

M/s National Drop Forge Ind. (Pvt) Ltd. .……..……………..Petitioner

VERSUS

M/s United Bank Limited and 2 others…….

………………..Respondents

AFFIDAVIT
I, Aga Muhammad son of Sher Jan , Muslim adult, Having Office at
C-32, Block # 17, Scheme # 24, Muhammadi Colony, Gulishan-e-
Iqbal Karachi, do hereby state on oath as under:-

1. That I am Petitioner in the above matter, as such am fully

conversant with the facts thereof.

2. That the accompanying Constitution Petition has been drafted and

filed by my counsel under my specific instructions, contents therein are true and
correct.

3. That I have good prima facie case, balance of conveyance lies in

my favor and if immediate action is not taken and proceeding is not stopped I
shall be seriously prejudiced and suffer an irreparable loss until accompanying
Constitution Petition is granted.

4. That for the sake of brevity, I adopt the contents of accompanying

Constitution Petition as an integral part and parcel of this affidavit and in order
to avoid duplication do not repeat the same.

5. That whatever stated above is true and correct to the best of my

knowledge, information and belief.
Karachi Deponent.
Dated: 05-03-2003.
Identified by me .
Advocate.
Stated on Oath before me by the deponent at Karachi, on this 05 th day of March,
2003, the deponent was identified to me by Mr. S.M Saleem , Advocate, who is
personally known to me.
Commissioner for taking affidavit.
 Page #

IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition # /2003

M/s National Drop Forge Ind. (Pvt) Ltd. .……..……………..Petitioner

VERSUS

M/s United Bank Limited and 2 others…….

………………..Respondents

C. M. A. No. /2003

APPLICATION UNDER SECTION 151

CODE OF CIVIL PROCEDURE, 1908

On consideration of the facts and grounds disclosed in the

accompanying affidavit, it is most respectfully prayed that this
Honorable court may be pleased to exempt the Petitioner from filing
certified copies of Annexed ‘A’ to ‘ ’.

prayer in the greater interest of justice and equity.

Karachi.
Dated: 05-03-2003 Advocate for the Petitioner
 Page #

IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition # /2003

M/s National Drop Forge Ind. (Pvt) Ltd. .……..……………..Petitioner

VERSUS

M/s United Bank Limited and 2 others…….

………………..Respondents

AFFIDAVIT
I, Aga Muhammad son of Sher Jan , Muslim adult, Having Office at
C-32, Block # 17, Scheme # 24, Muhammadi Colony, Gulishan-e-
Iqbal Karachi, do hereby state on oath as under:-

1. That I am Petitioner in the above matter, as such am fully conversant with the facts
thereof.

2. That the accompanying application for exemption has been drafted and filed by my
counsel under my specific instructions, contents therein are true and correct
original of the documents are not available to me at present and matter is of
urgent nature .

3. That I shall be seriously prejudiced and suffer an irreparable loss until

accompanying Constitution Petition is granted.

4. That whatever stated above is true and correct to the best of my knowledge,
information and belief.
Karachi Deponent.
Dated: 05-03-2003.
Identified by me .
Advocate.

Stated on Oath before me by the deponent at Karachi, on this 05 th day of March,

2003, the deponent was identified to me by Mr. S.M Saleem , Advocate, who is
personally known to me.
Commissioner for taking affidavit.
 Page #

IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition # /2003

M/s National Drop Forge Ind. (Pvt) Ltd. .……..……………..Petitioner

VERSUS

M/s United Bank Limited and 2 others…….

………………..Respondents

C. M. A. No. /2003

APPLICATION UNDER ORDER XXXIX RULE 1 AND 2

R/W SECTION 151 CODE OF CIVIL PROCEDURE

On consideration of the facts and grounds disclosed in the

accompanying affidavit, in the memo of Constitution Petition, it is
most respectfully prayed that this Honorable court may be pleased to
restrain the respondent # 3 from creating 3rd party interest in the
property that is Plot # 1, Sector –17, Korangi Industrial Area Karachi
and further from removing any machinery and other moveable
articles lying in the factory and respondent # 2 also may be restrained
from executing further documents in favor of the respondent # 3
regarding property in question, pending disposal of this constitution
petition.

An ad-interim injunction is to be solicited meanwhile in terms of

main prayer in the greater interest of justice and equity.
Karachi.
Dated: 05-03-2003 Advocate for the Petitioner.
 Page #

IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition # /2003

M/s National Drop Forge Ind. (Pvt) Ltd. .……..……………..Petitioner

VERSUS

M/s United Bank Limited and 2 others…….

………………..Respondents

AFFIDAVIT
I, Aga Muhammad son of Sher Jan , Muslim adult, Having Office at
C-32, Block # 17, Scheme # 24, Muhammadi Colony, Gulishan-e-
Iqbal Karachi, do hereby state on oath as under:-

1. That I am applicant in the above matter, as such am fully conversant with the facts
thereof.

2. That the accompanying application has been drafted and filed by my counsel under
my specific instructions, contents therein are true and correct.

3. That I have good prima facie case, balance of conveyance lies in my favor and if
immediate action is not taken and sale proceed is not ratably distributed between
me and decree holder of this case I shall be adversely affected, seriously
prejudiced and suffer an irreparable loss until accompanying Constitution
Petition is granted.
4. That for the sake of brevity, I adopt the contents of accompanying Constitution
Petition as an integral part and parcel of this affidavit and in order to avoid
duplication do not repeat the same.

5. That whatever stated above is true and correct to the best of my knowledge,
information and belief.
Karachi Deponent.
Dated: 05-03-2003.
Identified by me .
Advocate.

Stated on Oath before me by the deponent at Karachi, on this 19 th day of

November, 2003, the deponent was identified to me by Mr. S.M Alam , Advocate,
who is personally known to me.
Commissioner for taking affidavit.
 Page #

IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition # /2003

M/s National Drop Forge Ind. (Pvt) Ltd. .……..……………..Petitioner

VERSUS

M/s United Bank Limited and 2 others…….

………………..Respondents

APPLICATION UNDER RULE IX CHAPTER III A,

VOLUME V SINDH HIGH COURT ORDERS & RULES

It is most respectfully submitted that this Honorable Court may

kindly be pleased to treat this matter as urgent motion and hear the
same in Katcha Peshi on -03-2003 as there is apprehension that
respondent # 3 shall create third party interest in the property in
question.

The prayer is made most earnestly in the greater interest of Justice

and equity.

Karachi.
Dated: 05-03-2003. Advocate for the Petitioner
 Page #

IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition # /2003

M/s National Drop Forge Ind. (Pvt) Ltd. .……..……………..Petitioner

VERSUS

M/s United Bank Limited and 2 others…….

………………..Respondents

AFFIDAVIT
I, Aga Muhammad son of Sher Jan , Muslim adult, Having Office at
C-32, Block # 17 Scheme # 24 Muhammadi Colony, Gulishan-e-Iqbal
Karachi, do hereby state on oath as under:-

1. That I am applicant in the above matter, as such am fully conversant with the facts
thereof.

2. That the accompanying applications for injunction, exemption as well as urgent

have been drafted and filed by my counsel under my specific instructions,
contents therein are true and correct.
3. That I have good prima facie case, balance of conveyance lies in my favor and if
immediate action is not taken and sale proceed is not ratably distributed between
me and decree holder of this case I shall be adversely affected, seriously
prejudiced and suffer an irreparable loss until accompanying application is
granted.
4. That for the sake of brevity, I adopt the contents of accompanying application as an
integral part and parcel of this affidavit and in order to avoid duplication do not
repeat the same.
5. That whatever stated above is true and correct to the best of my knowledge,
information and belief.
Karachi Deponent.
Dated: 28-03-2003.
Identified by me .
Advocate.
Stated on Oath before me by the deponent at Karachi, on this 28 th day of
November, 2003, the deponent was identified to me by Mr. S.M Alam , Advocate,
who is personally known to me.
Commissioner for taking affidavit.