KARACHI: A division bench of Sindh High Court adjourned the hearing of a high court appeal filed by the Federation of Pakistan, Collector of Customs (Exports) after asking the lawyer who represented State Bank of Pakistan in the civil miscellaneous appeal to approach the Bank whether he could represent it in the instant case.
The appeal filed by Collector of Customs (Exports); Additional Collector of Customs, Exports-I; Collector of Customs, Port Muhammad Bin Qasim and Federation of Pakistan through Secretary Ministry of Finance prayed the court to strike-down/set-aside the impugned order dated November 22 last year that order the above appellants to pay Rs 9.8 million to the respondent (in this case) M/S Zahra Industries (Pvt) Ltd.
According to details, respondent M/s Zahra Industries participated in international tenders by Inter Trade Committee for Afghan refugees and had supplied tents to Afghan refugees from 1981-84. The company filed for rebate facility before the Collectorate of Exports which dismissed its claims on the ground that the claims were time-barred.
The company filed a constitution petition in 1988 at Sindh High Court, a division bench of which issued the judgment in November 1992 that the claims filed by the company were not time barred. The SHC judgment ordered the appellants in this case (defendants in constitution petition) to pass a fresh order. Finally the appellants in the case paid Rs 3,618,950 to the company (respondent in this case) through three cheques dated 5.3.1998; 5.5.1998 and 5.8.1999.
Though the company also applied to State Bank of Pakistan, which is also being named as the second respondent in this case, for the grant of Rs 2.6 million rebate, the same remains to the company still. The company approached the Sindh High Court and filed a civil miscellaneous application in 2008, saying that it is also entitled to interest as well as due to devaluation of rupee over and above the rebate claim of Rs 3,618,950, due in 1986 but finally paid in 1998 and 1999.
The appellants are appealing the judgment by the single judge of the SHC that ordered them to pay Rs 9,870,096. Appellants Collector of Customs (Exports); Additional Collector of Customs, Exports-I; Collector of Customs, Port Muhammad Bin Qasim and Federation of Pakistan through Secretary Ministry of Finance have named M/S. Zahra Industries and the State Bank of Pakistan as respondents in this high court initiated at the Sindh High Court in December last year. The court adjourned the hearing of the case with a date in office.
