IN THE HONOURABLE COURT OF ISLAMABAD HIGH COURT,

ISLAMABAD

C.M.A NO. /2022

IN
EXECUTION PETITION NO.05/2004

VERSUS

APPLICATION UNDER SECTION 151 CPC

Respectfully Sheweth:

1. That COS No.10/2003 against the defendant was filed before Lahore

High Court Rawalpindi Bench for the recovery of Rs.76,232,495/- along

with mark up rate 14% per annum from the date of the institution of suit till

the realization of the amount. The company original was decided on

24.11.2004 ex-parte decree in the sum of Rs.77,108,035/- with mark up rate

14% per annum. Complete set of documents attached.

2. That subsequently Execution Petition No.05/2004 was filed with

Lahore High Court Rawalpindi Bench. Copy of the execution application of

the decree u/o XXI rule 11 CPC in COS No.10/2003 was filed by the

decree holder. Subsequent upon the facts precept was submitted before the

Islamabad High Court, Islamabad for onward transmission to the

Honourable Sindh High Court of Karachi vide CM.No.431/2016 dated

09.04.2016. Copy of the order passed by Honourable Islamabad High Court

Islamabad along with the application u/s 46 of the CPC attached.

3. That after certain period of time the decree holder attained the

knowledge that liquidation proceedings u/s 305, 309 and 311 of the

Companies Ordinance, 1984 for winding up of the company for pending

before the High Court of Sindh at Karachi vide J.Misc.No.37/2003 titled

Muhammad Laeeq & others Vs Sindh Alkalies Ltd. & others.

4. That CMA No.319/2017 for grant of claim in lieu of the execution

petition No.5/2004 in COS No.10/2003 was submitted before the

Honourable High Court of Sindh at Karachi after transmission of original

record by the Islamabad High Court Islamabad vide its No.74/O.F dated

01.12.2016 wherein the Honourable High Court of Sindh at Karachi after

submission of CMA entertained the same and the same is pending for the

final decision, unattested copies of the order sheet in JCM No.37/2003

order dated 30.08.2021 attached.

5. That since the Honourable Registrar without considering the

transmission of record by Islamabad High Court Islamabad at referred

supra has returned the complete file/ record of Execution petition

No.5/2004.

6. That the decree holder is an autonomous body/ institution under the

Ministry of Privatization Commission, Government of Pakistan, Islamabad

and has the preferential right to receive/ collect the decreetal amount from

the respondent company which is under liquidation. The company and its

assets fall under the jurisdiction of Honourable Sindh High Court at

Karachi, therefore, the effective execution is possible in the Honourable

High Court of Sindh at Karachi wherein the liquidation proceedings

continue.

PRAYER
In the light of submission made above, it is therefore prayed that the

original records of CO No.05/2004 may kindly be transmitted to the Sindh

High Court, Karachi to be attached as part and parcel of JMC No.37/2003

for effective execution being the preferential right of the Government of

Pakistan.

Any other relief this Honourable Court deems fit and proper may

kindly be granted to the petitioner.

PETITIONER
Through