Sindh High Court recalls stay order on CPNE account operating
KARACHI, A division bench of Sindh High Court, comprising Chief Justice Mushir Alam & Justice Syed Hasan Azhar Rizvi has recalled ad-interim stay order passed earlier wherein respondents were restrained from using bank accounts of CPNE.
Petitioner Ilyas Shakir had earlier filed petition submitting CPNE is registered and its election were held in accordance with Article and Memorandum of society and notified result to respondents on December 2, 2010. He stated respondents (Aamir Mehmood, Syed Hamid Hussain & Ghulam Nabi Chandio) managed fake election, which was apparent from election schedule that on same date nominations were received, withdrawal was notified, final list was displayed, election was held and result was announced, which is clear violation of Article and Memorandum of Society, therefore, cannot be sustained. He urged such elections were notified subsequent to election notified by petitioner on December 6, 2010 and it was also notified in various news papers. SHC on May 5, 2011 had ordered that respondents may not operate bank account till next date May 26, 2011.
After hearing on May 26, SHC division bench order said: “Advocate Akhtar Hussain on behalf of respondents 3 to 5 filed counter affidavit to petition as well as CMA No. 6350/2011. Along with counter affidavit, said Respondents have also placed a copy of Suit pending before the Court of Senior Civil Judge, Islamabad (Jamil Akhtar and others Versus Khushnood Ali Khan) Annexure R-7 filed by the Petitioner CPNE seeking relief overlapping to relief already claimed in instant petition. It is stated that by suppression of the facts Order dated May 5, 2011 was obtained by this Court. One Amir (Defendant No. 2 in said suit) is also Respondent No. 3 in instant petition. It is stated that in said suit application under Order XXXIX Rule 1 & 2 CPC was withdrawn as per order dated December 21, 2010 and suit was conceded to be proceeded on merits and issues have already been settled, matter has come up for evidence. The suit was suppressed by the Petitioner from this Court. In the circumstances, while adjourning matter and recalling restraining order against the Respondents, notice be issued to Petitioner to show cause as to why cost may not be imposed and proceedings may not be initiated against the Petitioner.”
Source: One Pakistan
Date:5/31/2011
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