Professional Documents
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Notes 3
Notes 3
AT KARACHI
VERSUS
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
Page #
VERSUS
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.
Page #
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’).
PRAYER
Petitioner
VERSUS
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:-
VERSUS
C. M. A. No. /2003
Karachi.
Dated: 05-03-2003 Advocate for the Petitioner
Page #
VERSUS
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 .
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.
VERSUS
C. M. A. No. /2003
VERSUS
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.
VERSUS
Karachi.
Dated: 05-03-2003. Advocate for the Petitioner
Page #
VERSUS
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.