Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Messrs A & B FOOD INDUSTRIES (PVT.) LIMITED, KARACHI VS Respondent: CENTRAL BOARD OF REVENUEHonorable Justice S.A. Sarwana and Anwar Zaheer JamaliMs. Sonia holding brief for Muhammad Farid,Shakeel Ahmed
2003 Y L R 3094
2003 Y L R 3094
[Karachi]
Before S.A. Sarwana and Anwar Zaheer Jamali, JJ
Messrs A & B FOOD INDUSTRIES (PVT.) LIMITED, KARACHI‑‑‑Petitioner
Versus
CENTRAL BOARD OF REVENUE and others‑‑‑Respondents
Constitutional Petition No.D‑2886 of 1993, decided on 14th March, 2001.
Constitution of Pakistan (1973)‑‑‑
‑-‑‑Art 199(4‑A)‑‑‑Constitutional petition‑‑ Application for vacation of stay‑‑‑Stay granted was sought to be vacated on ground that more than six months had expired since its grant‑‑‑Validity‑‑‑Held, it was not necessary to pass a formal order for vacating stay order because under Art. 199(4‑A) of the Constitution stay order granted by Court would cease to have effect on expiry of a period of six months following the date on which it was made.
Zahoor Textile Mills Ltd. v. Federation of Pakistan and others PLD 1999 SC 880 ref.
Ms. Sonia holding brief for Muhammad Farid for Petitioner.
Shakeel Ahmed for Respondent.
ORDER
Ms. Sonia requests for adjournment on the ground that Mr. Farid has been admitted in NICVD for treatment of his heart ailment. Today the matter is fixed for hearing of respondent's application under Article 199 4(A) requesting the Court to vacate the order dated 27‑10‑1993 as more than six months have expired since the grant of stay. It is not necessary to pass a formal order for vacating the stay as the provisions of Article 199 (4‑A) of the Constitution are clear which legal position has also been clarified by the Supreme Court in the case of Zahoor Textile A Mills Ltd. v. Federation of Pakistan and others PLD 1999 SC 880, that any stay order granted by the Court shall cease to have effect on the expiration of a period of six months following the date on which it is made. Consequently, the stay granted on 27‑10‑1993 stands vacated.
H.B.T./A‑470/K Stay order vacated.