IN THE HIGH COURT OF SINDH AT KARACHI
(Constitutional Jurisdiction)
C.P. No. D- /2012.
RIAZ Ahmed ……………… PETITIONER
VERSUS
The Province of Sindh & Others ……… RESPONDENTS
I N D E X
| S.No. | Description | Annexure | Page No. |
| 1. | Memo of Petition alongwith its supporting Affidavit. | | 1 to 12 |
| 2. | Photo Copy of acknowledgement receipt of SME Leasing. | “A” | 13 to 14 |
| 3. | Photo Copy of Agreement dtd. 17-09-2009. | “B” | 15 to 16 |
| 4. | Photo Copies of details of Cheques. | “C” | 17 to 18 |
| 5. | Photo Copy of counter Cheques. | “C/1” | 19 to 20 |
| 6. | Photocopies of acknowledgement receipts. | “D” to “D/ ” | 21 to 26 |
| 7. | Urgent Application alongwith its supporting affidavit. | | 27 to 30 |
| 8. | Exemption Application alongwith its supporting affidavit. | | 31 to 34 |
| 9. | Vakalatnama | | 35 to 36 |
Karachi.
DATED: /03/2012.
Advocate for PETITIONER
IN THE HIGH COURT OF SINDH AT KARACHI
(Constitutional Jurisdiction)
C.P. No. D- /2012.
RIAZ Ahmed
S/o. Siddique Ahmed,
Muslim, adult, R/o. House No. MC-926,
Green Town, Shah Faisal Colony,
Karachi. ……………………… PETITIONER
VERSUS
1. Province of Sindh
Through its Secretary Home,
Tughlaq House,
Karachi.
2. I.G. Sindh Police Karachi
3. CCPO Sindh Police Karachi
4. S.H.O.
P.S. Shah Faisal Colony,
Karachi.
5. Imran Yaqoob Minhas
S/o. Muhammad Yaqoob Minhas
R/o. B-180, 13-D-1,
Gulshan e Iqbal,
Karachi.
6. DIG
Crime Cell, Karachi.
7. TPO
Shah Faisal Colony,
Karachi.
8. CEO
Samba Bank
Ibrahim Trade Tower,
Shahra.e.Faisal,
Karachi.
9. Manager Samba Bank,
Ibrahim Trade Tower
Shahra.e.Faisal,
Karachi.
10. CEO
NIB Bank Ltd.
Shahra.e.Faisal,
Karachi.
11. Manager NIB Bank Ltd.
Shahra.e.Faisal,
Karachi.
12. State Bank of Pakistan,
Through its Governor
at Karachi. …………………… RESPONDENTS
CONSTITUTION PETITION UNDER ARTICLE 199
OF THE ISLAMIC REPUBLIC OF PAKISTAN 1973
The Petitioner abovenamed submits as under: -
1. That the petitioner is businessman, tax payer and law abiding citizen of Pakistan.
2. That the petitioner runs business of plastic items and using the Bank channel for the purpose of smooth running of bank facility since last more than 9 years.
3. That there was one Agha Jalal Gohar, recovery incharge of SME Leasing Bank, who used to have his office in the Bank premises known as Hub of Recovery, advised the petitioner to clear the bank dues and avoid to become defaulter, he also offered an alternative arrangements with equitable facility of bank and arranged an amount of Rs. 540,020/= as full and final payment alongwith Rs.10,000/= as penal charges and financed from his own pocket and facilitated the petitioner on monthly interest/mark up of Rupees 3% basis. Photocopy of acknowledgement of full and final payment is submitted herewith and marked as annexure “A”.
4. That in the year 2008 Jalal was murdered and after his death the petitioner was called by the respondent no. 5, in the office of DIG Sindh Police Karachi and for the first time it was claimed that the amount arranged by the deceased Jalal Gohar belonged to the respondent no. 5 and it was required to execute a bond of the extra ordinary amount and furnished equitable and for the equal amount, therefore with enhancement of mark up/interest raised from 3 to 5 % and then 5 to 7% with a condition to pay Rs.20,000/= per day the Respondent No.5or to face the consequences in the shape of involvement in blind FIR and other criminal litigations which may ruin the life, honour and bright career of the children of the petitioner.
5. That on account of fear of disgrace in the eyes of general public the petitioner accepted the proposal and for the first time such proposal was written down. Photocopy of which is annexed herewith and marked as annexure “B”.
6. That after that the Respondent No.5 started recovering and receiving Rs.20,000/= per day and acknowledged the same. Photocopy of which is annexed herewith and marked as annexure “C”.
7. That the Respondent No.5 under the garb of police uniform as ADIG/SSP obtained several cheques of Rs,70,00,000/= and one main cheque of the equal amount as security and guarantee, for the first time it transpired that there were several other entangled persons who were rottening in their business life.
8. That on account of difficult days and ruining condition/position of the business the petitioner was unable to arrange any more amount for the payment to the Respondent No.5 which act of the petitioner annoyed the respondent no.5 who without any hesitation moved the clutches of police enforcing agencies of law and sent a police mobile and fetched unaccounted amount.
9. That the petitioner became so helpless that he sold all stocks and articles of the business to pay back the Respondent No.5 with honesty and industry.
10. That the Respondent No.5 looking to the deteriorating of the business condition of the petitioner and countrywide/nationwide problems started changing the garb and also tried to rope the petitioner with some unidentified and unknown group of financier to which the petitioner refused.
11. That the day the petitioner had issued not to carry such un-Islamic mode of business he is facing hard days and different difficulties.
12. That the petitioner open mindedly conveyed the Respondent No.5 through their own community members to adjust the amount of Rs.20,000/= received on daily basis towards the principle amount which enhances from the principal amount and issued NOC and rescind the business terms, but the respondent is adamant to compel the petitioner to continue with enhancement of new rate of interest at 10% daily or in alternate should pay back all the amounts which comes to 11.5 million in one go.
13. That the Respondent No.5 claims to be one amongst financing hub facilitator and is investing an amount of more than 50000 million in the market on daily basis on interest and recovers the same by using different Police Stations and getting the cheques bounced from the concern banks, on the powers of uniform of police.
14. That the Respondent No.5 is also claiming the payments for the purchase of property in different shapes.
15. That the petitioner went from earth to sky to save his honour, skin and business at the hands of the Respondent No.5 but from every where and each corner it transpired that he is unimpeachable and cannot be questioned for wrong doings in any way.
16. That the petitioner therefore has come before this Hon’ble Court for relief on the following grounds.
GROUNDS
1. That the Petitioners is basically a businessman with simple and high thinking.
2. That on account of business crises he is unable to meet out the extra-ordinary expenses and highly rated interest amount.
3. That the Defendant No.5 and others inspite of receiving all the amount of cheques in cash have not returned the cheques on malfide.
4. That the petitioner intends to settle the accounts, with adjustment of the paid amount and also to slump the doors of business with the defendant/respondent no.5 and undertakes to pay the amount if found due within a period of 2 years.
5. That there is no any equal, officious remedy available in this regard.
6. That the respondents be restrained from adopting illegal ways and means by issuing threats and deserting and dire consequences.
PRAYER
A. That this Hon’ble Court may direct the respondents not to misuse powers of uniform and refrain taking law in their hands and should not adopt any illegal ways and means for illegal alleged recovery without adopting due course of law.
B. That the respondents be restrained from adopting illegal ways and means by issuing threats and deserting and dire consequences.
C. Any other efficacius and equal relief under the circumstances may be granted in favour of the petioner.
Karachi.
Dated: /03/2012.
PETITIONER
Advocate for Petitioner
S.M. ZUBAIR
Advocate for the Petitioner
VERIFICATION
I, RIAZ Ahmed S/o. Siddique Ahmed, Muslim, adult, R/o. Karachi, do hereby solemnly affirm and verify on oath that the contents of all the above paras including prayer clauses are true and correct to the best of my knowledge and belief.
Karachi.
Dated: ____/03/2012.
Deponent/Petitioner
The deponent identified by me
S. M. ZUBAIR
(ADVOCATE)
FOR IMMIDIATE USE ONLY IN COURT
IN THE HIGH COURT OF SINDH AT KARACHI
(Constitutional Jurisdiction)
C.P. No. D- /2012.
RIAZ Ahmed ……………….. PETITIONER
VERSUS
The Province of Sindh & Others…… RESPONDENTS
AFFIDAVIT IN SUPPORT OF CONSTITUTION PETITION UNDER ARTICLE 199
I, RIAZ Ahmed S/o. Siddique Ahmed, Muslim, adult, R/o. House No. 926, Green Town, Karachi, do hereby state on oath as under:
1. That I am PETITIONER in above titled Appeal and deponent of this affidavit, as such am fully conversant with the facts of the matter deposed herein:
2. That the accompanying CONSTITUTION PETITION UNDER ARTICLE 199 has been drafted and filed under my express instructions and contents whereof are true and correct and the same alongwith contents of the memo of plaint may please be treated as part of this affidavit for the sake of brevity.
3. That I say that I have a good prima facie case, and balance of convenience lies in my favour and until and unless accompanying application is granted as prayed I will be seriously prejudiced and shall suffer irreparable loss.
4. That I say that whatever stated above is true and correct to the best of my knowledge and belief.
Karachi.
Dated: /03/2012.
Deponent/PETITIONER
CNIC #. 42201-9900337-3
Mob.#. 0313-2986023
The deponent identified by me
(ADVOCATE)
Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2011, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.
COMMISSIONER FOR TAKING AFFIDAVITS
IN THE HIGH COURT OF SINDH AT KARACHI
(Constitutional Jurisdiction)
C.P. No. D- /2012.
RIAZ Ahmed ………………………… PETITIONER
VERSUS
The Province of Sindh & Others ……… RESPONDENTS
APPLICATION UNDER RULE IX CHAPTER III-A
VOLUME –V OF THE SINDH HIGH COURT RULES
On behalf of the PETITIONER, it is respectfully submitted that this Hon’ble Court may be pleased to treat this matter as urgent motion and hear the main petition on .03.2012.
Prayed accordingly in interest of justice.
Karachi.
Dated: /03/2012.
ADVOCVATE for the PETITIONER
FOR IMMIDIATE USE ONLY IN COURT
IN THE HIGH COURT OF SINDH AT KARACHI
(Constitutional Jurisdiction)
C.P. No. D- /2012.
RIAZ Ahmed ………………………… PETITIONER
VERSUS
The Province of Sindh & Others ……… RESPONDENTS
AFFIDAVIT
I, RIAZ Ahmed S/o. Siddique Ahmed, Muslim, adult, R/o. House No. 926, Green Town, Karachi, do hereby state on oath as under:
1. That I am PETITIONER in above titled Appeal and deponent of this affidavit, as such am fully conversant with the facts of the matter deposed herein:
2. That the accompanying APPLICATION UNDER RULE IX, CHAPTER III-A, VOLUME –V OF THE SINDH HIGH COURT RULES has been drafted and filed under my express instructions and contents whereof are true and correct and the same alongwith contents of the memo of plaint may please be treated as part of this affidavit for the sake of brevity.
3. That I say that I have a good prima facie case, and balance of convenience lies in my favour and until and unless accompanying application is granted as prayed I will be seriously prejudiced and shall suffer irreparable loss.
4. That I say that whatever stated above is true and correct to the best of my knowledge and belief.
Karachi.
Dated: 15/12/2011.
Deponent/PETITIONER
CNIC #. 42201-9900337-3
Mob.#. 0313-2986023
The deponent identified by me
(ADVOCATE)
Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2011, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.
COMMISSIONER FOR TAKING AFFIDAVITS
IN THE HIGH COURT OF SINDH AT KARACHI
(Constitutional Jurisdiction)
C.P. No. D- /2012.
RIAZ Ahmed ………………………… PETITIONER
VERSUS
The Province of Sindh & Others ……… RESPONDENTS
APPLICATION TO EXEMPT FILLING ORIGINAL DOCUMENTS UNDER SECTION 151 CPC
On behalf of the PETITIONER, it is respectfully submitted that this Hon’ble Court may be pleased to exempt the PETITIONER from filling original documents/certified copies as well as translation into english of the documents as the same are not available as this juncture, therefore, allow him to file photocopies of the documents as annexed..
Prayed accordingly in interest of justice, equity and good conscience and shortage of time.
Karachi.
Dated: /03/2012.
ADVOCVATE for the PETITIONER
FOR IMMIDIATE USE ONLY IN COURT
IN THE HIGH COURT OF SINDH AT KARACHI
(Constitutional Jurisdiction)
C.P. No. D- /2012.
RIAZ Ahmed ………………………… PETITIONER
VERSUS
The Province of Sindh & Others ……… RESPONDENTS
AFFIDAVIT IN SUPPORT OF APPLICATION
UNDER SECTION 151 CPC
I, RIAZ Ahmed S/o. Siddique Ahmed, Muslim, adult, R/o. House No. 926, Green Town, Karachi, do hereby state on oath as under:
5. That I am PETITIONER in above titled Appeal and deponent of this affidavit, as such am fully conversant with the facts of the matter deposed herein:
6. That the accompanying APPLICATION UNDER SECTION 151 CPC has been drafted and filed under my express instructions and contents whereof are true and correct and the same alongwith contents of the memo of plaint may please be treated as part of this affidavit for the sake of brevity.
7. That I say that I have a good prima facie case, and balance of convenience lies in my favour and until and unless accompanying application is granted as prayed I will be seriously prejudiced and shall suffer irreparable loss.
8. That I say that whatever stated above is true and correct to the best of my knowledge and belief.
Karachi.
Dated: 15/12/2011.
Deponent/PETITIONER
CNIC #. 42201-9900337-3
Mob.#. 0313-2986023
The deponent identified by me
(ADVOCATE)
Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2011, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.
COMMISSIONER FOR TAKING AFFIDAVITS
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