Stay Against SSGC

IN THE COURT OF VI SENIOR CIVIL JUDGE AT KARACHI EAST

                                     

Civil Suit No.        / 2008

The M/S. XYZ

Through

it’s proprietor Muhammad …………………….…………..… Plaintiff

VERSUS

The M/s Sui Southern Gas Company (Ltd)

Through its Chief Executive & Managing Director,

Office at St. 4/B, Block-14, Sir Shah Suleman Road,

Gulshan-e-Iqbal, Karachi……..…………………………    Defendant

SUIT FOR DECLARATION &

PERMANENT INJUNCTION

Respectfully Shewiths as under:

1.   That plaintiff is sole proprietor of the M/s Eating House and as such on 10-04-2000, deposited the required fee for installation of Sui Gas Commercial connection with the application. (Photo stat copy of application is enclosed herewith and marked as Annexure ‘A’).

2.   That in the beginning, the defendant installed an old meter bearing No. M-014518090, which was removed from other place saying that it would be changed when new meter will   be available to the Company as there is shortage of new meters. (Photo stat copy of first bill is enclosed herewith and marked as annexure ‘B’).

3.   That the plaintiff is regularly paying bill for the case consumed by him. The detail is incorporated below:

                      

                 MONTH                     YEAR                                 BILL

         

          JUNE                          2000                               10479/00 
          JULY                             =                                    8660/00

          AUG                              =                                    9370/00

          SEP                                =                                    8190/-

          OCT                               =                                    9540/-        

          NOV                               =                                    7310/-

          DEC                               =                                    1970/-

          JAN                                2001                              8910/-

          FEB                               =                                    8550/-

          DEC                               2002                              6433/-

          JAN                                2003                              6243/-

          AUG                              2004                              4730/-

          JULY                              2005                              6389/-

(Photo stat copies of paid bills are enclosed herewith and marked as Annexure C to C-13).                                         

4.    That in December 2006, the defendant replaced old meter by new meter with out any intimation to the plaintiff for which the plaintiff has been paying bill regularly. (Photo stat copies of paid bills are enclosed herewith and marked as Annexure D to D-2).

5.   That all times the defendant informed to the plaintiff verbally that the matter is clear and not tempered but they changed the same only for their own satisfaction. Since the installation of first meter up to the month of May 2007, there was no dispute between the parties.

6.   That in May 2007, the subordinates of the defendant’s once again come to remove the gas meter for checking without any reason and intimation. The plaintiff halted the officials of the defendant not to remove the meter as there is no cogent reason. The official of the defendant annoyed and left extending threats.  

7.   That in June2007, the plaintiff received a claim notice from the defendant for payment of Rs.340456/- within 15 days the receipt of the notice/bill. The detail of payment incorporated in the bill is reproduced below:

                      Consumption for the period  ----MCF---1,368

                       Actual Billed                         ----MCF---304

                      Consumption short billed      ----MCF---1,064

                      Amount short billed               ----Rs.  ---269,718

                      Add:GST                                ----Rs.  ---40,458

                      Add:LPS                                 ----Rs.  ---30,280

                      Total recoverable amount of

                      short billed with LPS             ----Rs.   ---340,456

You are advised to pay Rs.340, 456/- the value of consumption on account of meter tempering for the period from November 2005 to October 2006, within 15 days of receipt of this claim notice.

8.   That July 2007 the defendant’s field staff once again changed the gas meter of the plaintiff without any reason and intimation in his absence and installed another new meter bearing No. Mo. 014518090. On that plaintiff was depositing monthly bill as per reading of new meter. (Photo stat copy of the paid Bill is enclosed herewith marked as annexure ‘E’).

9.   That claim notice/bill of the defendant is incorrect, manipulated and is only to harass the plaintiff with malafide intensions.

10.                That the plaintiff was regularly paying monthly bill and there is no default on part of the plaintiff as well as prior to this, not any complaint was ever made by the defendant of tempering in the meter reading during the period given in claim notice/bill.

11.                That the defendant about one month before have removed the gas meter of the plaintiff for which plaintiff’s hotel is closed and he has been denied and deprived of his fundamental right. The plaintiff’s family starving and has been perversely affected as his livelihood has been snatched. 

12.                That plaintiff is ready and willing to pay the payment for the gas consumed justly and fairly and this is legitimate right of the plaintiff to have gas meter to earn his livelihoods and refusal by the defendant is denied of fundamental rights of the plaintiff and such refusal is liable to be struck down by the order of this court during the pendency of the case as the justice requires that every citizen is entitled to avail facilities subject to payment of bill if any for which the plaintiff is ready and willing. The claim notice issued by the defendant is manipulated, hence is liable to be set aside and declared to be null and void. (Photocopy of the bill of August 2007 is submitted herewith as Annexure-F).

13.                That cause of action arose firstly in the month of December 2006, when subordinate of defendant remove the meter bearing No. M. 014518090 and installed new meter bearing No.136943314, and secondly on month of June 2007 when the defendant issued claim notice to plaintiff to pay Rs.3,40,456/- for so called meter tempering and thirdly in the month of July when subordinates once again change the meter and installed new meter bearing No. 014518090 and verbally informed that there is no fault  in the meter and fourthly in the month of August 2007, when subordinates of the defendant removed the meter without any complaint and issue bill for the month of August 2007 adding Rs.3,40,456/- with own hand writing due to ulterior motives and same is continue day by day till filling of this suit. The cause of action accrued within the local limits of Police Station New Town as the office of the defendant situates therein.

14.                That the suit for the purpose of jurisdiction and is valued is of Rs.3,40,456/- for which proper court fee has been affixed.

15.                That the plaintiff’s earlier suit No.4444/2008 was rejected on the ground that the defendant has not been properly described in the title of plaint, hence present suit almost on the same facts and grounds.

PRAYER

The plaintiff therefore prays for judgment and decree in his favor and against the defendant as under: -

a>  To declare that the Paid bill up to July 2007, are correct and claim notice and bill for the month of August 2007 of defendant is incorrect and manipulated and based on malafide and is liable to be declared null and void having no legal affect.

b>  To declare that the defendant has malafidely removed the gas meter of the plaintiff for which they were not entitled.

c>   TO direct the defendant to reinstall the illegal removed the gas meter of the plaintiff and restrain them permanently from removing the same.

d> Cost of the suit.

e>   Any other equitable relief(s) which this Honorable Court deems fit and proper under the circumstances of this suit.

           

         Karachi.                                                                           Plaintiff

 Dated:  09-08-2008.

                                                                              

                                                                       Advocate for the plaintiff

      

      V E R I F I C A T I O N

I, Muhammad, Muslim adult, the proprietor of XYZ, Karachi am the Plaintiff above name do hereby verify on oath that whatever has been stated above are true and correct to the best of my knowledge and my information.

                                                                       

D e p o n e n t

IN THE COURT OF VI SENIOR CIVIL JUDGE AT KARACHI EAST

                                     

Civil Suit No.        / 2008

M/S.  XX …………………………..………………………. Plaintiff

VERSUS

Sui Southern Gas Company (Ltd)……….……   Defendant

APPLICATION UNDER ORDER XXXIX RULE 1&2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE, 1908

On consideration of facts and grounds disclosed in the accompanying affidavit as well as in the memo of plaint, it is most respectfully prayed that this honorable Court may be pleased to grant mandatory order, directing therein to the defendant to install the gas meter removed from the premises of the plaintiff. 

 Ad an interim injunction is to be solicited meanwhile in terms of main prayer in the greater interest of justice and equity.

Karachi.                                                                          

          Dated:  09-08-2008.                          Advocate for the plaintiff

IN THE COURT OF VI SENIOR CIVIL JUDGE AT KARACHI EAST

                                     

Civil Suit No.        / 2008

The M/S. XYZ …………………….…………..…                   Plaintiff

VERSUS

The M/s SSGC (Ltd) ……………………………           Defendant

AFFIDAVIT

I, Muhammad, Muslim adult, the proprietor of XYZ, Karachi, do hereby state on oath as under:-

1.       That I am the plaintiff in above matter, as such fully conversant with the fact thereof and able to depose the same.

2.       That the accompanying application under order XXXIX Rule 1&2 read with section 151 of CPC has been drafted and filed by my counsel under my specific instruction, contents therein are true and correct.

3.       That I have good prima facie case and balance of convenience lies in my favor as the defendant has disconnected the Gas and due to that plaintiff is suffering the monitory and big financial loss.

4.       That for the sake of brevity, I adopt the contents of accompanying application as well as main plaint as an integral part and parcel of this affidavit and in order to avoid duplication do not repeat the same.

5.       That I shall be seriously prejudiced and shall suffer an irreparable loss until accompanying application allowed.

6.       That whatever stated above is true and correct to the best of my knowledge and belief.

      

       Karachi

      Dated: .09-08-2008.                                                  Deponent

Identified by me                                                              

                                                                       

Advocate