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Petitioner: Dr.P.N . SETH VS Respondent: GOVERNMENT OF PAKISTAN And Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain Title: Dr.P.N . SETH vs GOVERNMENT OF PAKISTAN And Other Case No.: Civil Petition No.689 of 1976 Petition No.702 of 1976 Date of Judgment: 1984-05-28 Reported As: 1985 SCMR 914 Result: Q.
Judgment ORDER NASIM HASAN SHAH, J.--After hearing Mr. Muhammad Arif, learned counsel for the petitioner we would grant leave to appeal to consider the following questions which have been raised in this petition:- (a) Could the Defence of Pakistan Rules. 1965 be applied to the Kaycee Industries Limited without first deciding the nature of the interest of the energy in the Company and whether the application the said status could be continued despite the decision of the High Court dated 5-7-1972 in Dr P.N. Seth & Co. v. The Chairman, Enemy Property Management Board etc., W.P_ No. 770/1969? (b) What is the effect of the continuance in possession of the petitioner in the disputed property after the passing of the "sale resolution" by the Kaycee Industries Ltd. Bombay, vis-a-vis the terms of section 55-A of the Transfer of Property Act, 1882? (c)Whether the respondent-Government could recall the reference to arbitration, particularly at a point of the when the stay order passed in Writ Petition No.827 of 1976 held the field? Security for costs will be furnished in the sum of Rs.1,000.