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Petitioner: FIESTAL GRAINS (PVT.) LTD. VS Respondent: GOVERNMENT OF PAKISTAN
1989 M L D 4583
1989 M L D 4583
[Karachi]
Before Ajmal Mian and Mamoon Kazi, JJ
Messrs FIESTAL GRAINS (Pvt.) LTD.--Petitioner
Versus
GOVERNMENT OF PAKISTAN and others--Respondents
Constitutional Petition No. 366 of 1987, decided on 28th October, 1987.
Civil Procedure Code (V of 1908)--
---OXXXIX, Rr.1 & 2--Customs Act (IV of 1969), S.202(1)(b)--Temporary injunction--Importer allegedly obtained release of goods on basis of forged paid -up challan--Department contended that it was entitled to withhold possession of goods for amount which had been determined in adjudication proceedings- Importer praying for ad interim injunction, could get orders set aside by filing competent proceedings--Application for grant of ad interim injunction by importer was dismissed in circumstances.
Mrs. Ismat Mehdi for Petitioner.
S.M. Noorul Hassan for Respondents.
ORDER
AJMAL MIAN, J.--Mr. S.M. Noorul Hassan has placed on record six adjudication orders passed against the petitioner, in which it has been held that the petitioner have allegedly obtained the release of the goods on the basis of the alleged forged paid-up challans and, therefore, it has been contended that in terms of clause (b) of subsection (1) of Section 202 of the Customs Act, 1969, the respondents are entitled to withhold the possession of the goods for the amounts which have been adjudicated upon in these orders.
We are not inclined to grant the ad in interim order. The petitioners will have to get the above orders set aside by filing competent proceedings. The application is therefore dismissed. However, we would order that the petition may be fixed for regular hearing within 6 months.
M.Y.H./F-94/K.
Petition dismissed.