IN THE HIGH COURT OF SINDH AT KARACHI

Suit No. 1748 of 2010

Shahrukh Hayat, Son of Umer Hayat …………………………..……. Plaintiff

Versus

1. PENTA DEVELOPMENTS PVT LTD

Through its Directors,
First Floor, Plot No. 76-C,
Al Murtaza Commercial Lane 2,
DHA Phase 8,
Karachi
2. Usman Khan
First Floor, Plot No. 76-C,
Al Murtaza Commercial Lane 2,
DHA Phase 8,
Karachi
3. Mr. Yasir Bin Muhammad
First Floor, Plot No. 76-C,
Al Murtaza Commercial Lane 2,
DHA Phase 8,
Karachi
………………………………………………………………….……… Defendants

AFFIDAVIT IN EVIDENCE OF PLAINTIFF

I, Shahrukh Hayat, son of Umer Hayat, Muslim, adult, residing at

House No. 32/B/2, Khayaban-e-Shahbaz, DHA, Karachi, the Plaintiff in

the above-mentioned Summary Suit No. /2023, do solemnly affirm and

state as follows:

1. I am the Plaintiff in the instant case, and I have personal

knowledge of the facts and circumstances pertaining to this case.

2. I understand that Defendant No. 1 is a Real-Estate Property

Management company with expertise in various aspects of the real

 estate industry, including land acquisition, architecture, premium

brands, interior design, and sales to after-sales service. Defendants

No. 2 and 3 are the partners of Defendant No. 1.

3. On January 6, 2023, I entered into an agreement with Defendant

No. 1, which I will refer to as "the Agreement." This agreement

pertained to an investment I intended to make in the company.

According to the terms of the Agreement, I was supposed to invest

an amount of Rs. 1,500,000/- every 6th month, and in return, I

was entitled to receive Rs. 50,000/- per month, as outlined in

clause 3 of the Agreement. A copy of the Agreement dated

06.01.2023 is attached herewith and marked as Annexure

“A”.

4. To fulfill my part of the Agreement, I made a payment of Rs.

1,500,000/- to Defendant No. 1 on January 9, 2023.

Subsequently, on February 5, 2023, Defendant No. 1 handed over

a cheque of Rs. 50,000/- to me. However, when I attempted to cash

the cheque, it was dishonored by the bank due to insufficient

funds in Defendant No. 1's bank account. I returned the said

cheque to Defendant No. 1, after which they provided me with a

cash amount of Rs. 50,000/-.

5. Additionally, Defendant No. 1 issued several more cheques to me

as per the monthly payment schedule outlined in the Agreement:

 The cheques specified in the aforementioned table were dishonored by

the bank due to insufficient funds in Defendant No. 1's bank account.

Despite my diligent communication of this issue to Defendant No. 2 and

3, and despite providing them with ample opportunities, they

persistently delayed the repayment process and continued to offer false

assurances. It is worth noting, however, that the profit payable under

clause 3 of the Agreement was subsequently disbursed to me in the

form of cash. Copies of the cheque and the dishonor slip are

attached herewith and marked as Annexure “B-1” to “B-5”.

6. Subsequent to receiving assurances from the Defendants and the

eventual payment of the profit owed under the initial investment, I

opted to further invest an amount of Rs. 1,500,000/- in the company in

April 2023. However, due to disputes that arose between myself and the

Defendants, a mutual decision was reached to refund the same

investment amount along with an additional profit of Rs. 200,000/-,

based on a 45-day investment period. It was agreed that any further

profit due prior to the repayment of the investment amount would be

settled at a later date.

7. On June 2, 2023, Defendant No. 1 tendered a cheque amounting to Rs.

1,700,000/- to me, bearing the number 10028356, drawn on Bank Al

Habib Limited. This cheque represented the return of the second

investment alongside the agreed profit. However, upon presentation for

encashment, the bank once again dishonored the cheque due to the

inadequacy of funds in Defendant No. 1's bank account. A copy of the

cheque and the dishonor slip are attached herewith and marked

as Annexure “C”.
8. The initial investment's tenure period concluded on July 5, 2023,

following which I made numerous requests to Defendant No. 1 for the

return of the initial investment amount, totaling Rs. 1,500,000/-, as

stipulated in the Agreement. However, Defendant No. 1 persistently

postponed this repayment, citing various pretexts.

9. In a subsequent attempt to rectify the situation amicably, Defendant

No. 1 furnished another cheque amounting to Rs. 1,700,000/-, with

reference number A-64917523, drawn on Meezan Bank, on July 25,

2023. This cheque was intended to settle the outstanding amounts

pertaining to the investments and the profit accrued due to the delayed

return of the investment amounts. Regrettably, the bank once again

dishonored the cheque due to insufficient funds in Defendant No. 1's

bank account. A copy of the cheque and the dishonor slip are

attached herewith and marked as Annexure “D”.

10. In an endeavor to reach an amicable resolution, Defendant No. 1

proffered yet another cheque, amounting to Rs. 1,000,000/-, bearing

reference number 10028404, drawn on Bank Al Habib Limited, on

August 27, 2023. Nevertheless, upon presentation for encashment, the

bank dishonored this cheque as well, citing insufficient funds in

Defendant No. 1's bank account. A copy of the cheque and the

dishonor slip are attached herewith and marked as Annexure

“E”.

11. In response to these persisting issues, I dispatched a legal notice to

Defendant No. 2 and 3 on September 7, 2023. Through this legal

notice, I demanded the payment of the outstanding amount of Rs.

 3,700,000/- as stipulated in the Agreement, on or before September 15,

2023. Defendant No. 2 responded to the aforementioned notice, albeit

with an undated reply, acknowledging and taking full responsibility for

the financial obligations owed to me. In their response, Defendant No. 2

also requested a brief extension of 7 working days, to which I acceded

on the condition that the entire amount admitted by Defendant No. 2

would be remitted to me upon the expiry of the stipulated period. A

copy of the legal notice dated 07.09.2023 and the reply is

attached herewith and marked as Annexure “F-1” and “F-2”.

12. Following the expiration of the abovementioned timeframe, I issued

another notice to Defendant No. 2 on September 28, 2023, extending

one final opportunity for them to remit the total outstanding amount

prior to October 3, 2023. Unfortunately, neither did the Defendants

respond to this notice nor did they effectuate the payment to me. A

copy of the notice dated 28.09.2023 is attached herewith and

marked as Annexure “G”.

13. I want to emphasize that, as of today, Defendant No. 1 has only

disbursed a sum of Rs. 300,000/- towards the total payable amount,

leaving a substantial outstanding balance of Rs. 3,700,000/-

[comprising Rs. 1,600,000/- from the first investment and Rs.

2,100,000/- from the second investment].

14. Since

the

day

when

the
 Cheques were dishonored, I have made numerous appeals and requests

to the Defendants, urging them to settle the outstanding payments.

However, on each of these occasions, the Defendants have

systematically delayed the payment, offering various pretexts and

keeping me on a string of false hopes and promises. This prolonged

delay has also hindered me from pursuing legal recourse to recover the

due payment. In light of these circumstances, I now find myself in a

state of hopelessness and have strong reason to believe that the

Defendant is acting in a dishonest manner, with no genuine intention

to honor their liability to clear the outstanding payment. Consequently,

I have initiated this suit under Order XXXVII C.P.C. for the recovery of

the aforementioned amount.

15. The cause of action to file this instant suit first arose on June 20,

2023, when the cheque issued by Defendant No. 1 was dishonored

upon presentation for encashment. Subsequently, the cause of action

continued to exist upon the dishonor of the cheques mentioned in

paragraph 12 above.

16. I respectfully submit that this Hon’ble Court possesses the requisite

jurisdiction to adjudicate upon the instant matter since the business

operations of the Defendants are situated within the local limits of P.S

------.

17. I acknowledge that the requisite court fee of Rs. 15,000/- has been

paid for the purposes of this suit, and the same is attached with the

memo of the plaint.

18. I request this Hon'ble Court to grant the reliefs sought in the plaint,

including a judgment and decree directing the Defendants to pay Rs.

3,700,000/-, statutory interest of 6% per annum on the payable

amount from 02.06.2023, costs of the suit, and any other relief that

this Hon'ble Court deems fit under the circumstances.

19. I affirm that the statements made in this Affidavit are true and

correct to the best of my knowledge and belief and that nothing

material has been concealed or misrepresented.

DEPONENT