The Sindh High Court after hearing the counsel of Riaz Ahmed Tata, plaintiff, versus Sohail Altaf and others, defendants, in the suit filed on December 29, 2003, has fixed January 8 for further hearing in which the question of maintainability of the suit will come up.
The plaintiff had made application under Order 39 Rule 1 & 2 CPC (CMA No.7226/2003) to restrain the defendants jointly and severally from holding any meeting purporting to be a meeting of the managing committee of the Federation of Pakistan Chambers of Commerce and Industries.
The matter came up before the Sindh High Court on December 29 it passed the following orders: (1) In view of grounds enumerated in the affidavit, urgency application is granted, and (2) It is contended by learned counsel for plaintiff that the plaintiff has not resigned from the post of President and that the language used in the impunged letter itself tends to show that the defendants have taken upon themselves to deem that the plaintiff has resigned.
This act on the part of the defendants smacks of mala fide. Notice to defendants for January 2 was ordered. Till then the defendants shall not hold meeting.
The Sindh High Court had ordered: "You the defendants above named be and are hereby directed that you shall not hold meeting as per above Court's order."
When the suit came up for hearing on January 2, the advocate for defendants, Khalid Javed, moved an application under Order VII Rule 11 CPC read with section 151 CPC wherein it was submitted as follows:
1 - That from the statement in the plaint it appears that the suit is barred by various provisions of law including: (i) sections 9, 12 & 15 of the Trade Organisations Ordinance 1961.
(ii) sections 42 & 56 of the Specific Relief Act.
2 - That without prejudice it is submitted that the above suit has even otherwise become infructuous as the requisitioned meeting of the managing committee of FPCCI restraining order was sought has already been held on Monday December 29, 2003 at 1.00 pm as per revised notice and according to its agenda which has duly been considered and decisions have been taken by the managing committee.
3 - That the suit as framed and filed is not maintainable in law for non-joinder of necessary and proper parties and because of the fact that injunction has been sought without declaration by the plaintiff in the above suit.
4 - That the defendants crave the leave of this Hon'ble Court to urge further/additional grounds at the time of hearing.
5 - That affidavit in support of application is filed.
The defendants have prayed that this Hon'ble Court may be pleased to pass orders rejecting the plaint in the above suit with costs.
In the affidavit filed by Maqsood Ismail, defendant, it has been submitted that a summons dated December 29, 2003, appears to have been issued to him at his office address through TCS for the next date of hearing ie February 10, 2004, fixed for filing of written statement.
The summons sent through TCS was delivered at his office on December 30, 2003.
Neither any copy of plaint or annexures of misc application had been supplied to him along with summons nor any notice of misc application for hearing on January 2, 2004 had been delivered at his address.
Maqsood Ismail has further submitted that the meeting of the managing committee of FPCCI was held on December 29, 2003 at 1.00 pm at Hotel Pearl Continental, Karachi, wherein items contained in the agenda had been considered and decided by the committee.
The meeting was attended by 32 members of the managing committee. The required number of members for the purpose of quorum is 1/3rd of the members managing committee ie 30 members only.
The total number of members of managing committee is 90, including two disputed members. Besides members managing committee the life members and observers had also attended the said meeting.
That unless the accompanying application is granted the defendants shall seriously be prejudiced.
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