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Official Citation: 2024 SHC 1306
Court / Jurisdiction: Sindh High Court
Year of Decision: 2024
Decision Date: 2024-12-02
Parties: M/s Kababjees Group Association vs Province of Sindh & others
Ruling Summary: This decision was rendered by the Sindh High Court on 2024-12-02, officially reported as 2024 SHC 1306. In this matter between M/s Kababjees Group Association and Province of Sindh & others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024SHC1306
Court Name: Sindh High Court Judge(s): Jawad Akbar Sarwana, Muhammad Shafi Siddiqui, CJ Title: M/s Kababjees Group Association vs Province of Sindh & others Case No.: High Court Appeal No.492 of 2024 Date of Judgment:2024-12-02 Reported As: 2024 SHC 1306 Result: Application Dismissed
Judgment
ORDER Justice Jawad Akbar Sarwana, J.- Appellant, Kebabjees Group Association ("KBJ Group"), described in the title of the appeal (and in Suit 806/2024) as "Association of Persons" has impugned the trial Court's Order dated 26.09.2024 rejecting the Appellant/Plaintiff's above Suit under Order VII Rule 11 CPC because KBJ Group "is admittedly not a legal person." At the very outset, Counsel for KBJ Group cannot satisfy this bench, at the prima facie level how it is a legal person. Counsel claimed that KBJ Group is "a registered partnership." but the authorization to file the Suit was given by "Kebabjee Restaurant". On a query from the bench, Counsel confirmed that the three entities, namely, (i) "Kebabjees Restaurant" (authority letter available on page 29 of the appeal); (ii) "Kebabjees Fried Chicken" (Sindh Food Authority ("SFA"), Government of Sindh ("GoS") Challan available on page 49); and, (iii) "Kebabjees Bakers" (SFA, GoS Challan available on page 53) were sole proprietorship concerns doing business as separate firms being supervised by the KBJ Group Association. No case is made for any interference in the impugned Order dated 26.09.2024. Further, neither the Charter Documents, Certificate of Incorporation (for an Association incorporated under Section 42 of the Companies Act, 2017), NTN Certificate issued by FBR, nor Partnership Deed (registered with the Registrar of Firms, or as a Limited Liability Partnership ("LLP") under the Companies Act, 1997 or unregistered) of Kebabjees Group Association is available on record. In the circumstances, the appeal and all its applications are dismissed with no order as to costs.