1988 PLP 1104 (MLD)

This suit has been filed by the plaintiff Company for the recovery of Rs.1;28.560 against the Government of Sind. According to the plaint, the plaintiff has a factory/plant in North Karachi and carries on the business of conservancy as well as conversion of conservancy rubbish into fertilizer and in September, 1984, Sind Government through Deputy Commissioner East Karachi appointed the plaintiff as contractor for conservancy arrangement of the Pakistan International Fair premises and International pavilions at Karachi. According to the plaintiff, the said order was accepted and after successful completion of the entire work entrusted to‑the plaintiff, a bill was submitted to the Government by the plaintiff under the cover of their letter dated 29‑9‑1984 which bill is for Rs.1,28,560/‑, payment of the bill was not made by, the Government and therefore,, the first reminder was sent by the plaintiff to the Deputy Commissioner Karachi East on 24‑10‑1984. However, the payment of the bill was not made. The plaintiff has been approaching the Government but without any success. Annexure 'Dl' is a letter dated 9‑10‑1985 of Mr. Jawed Sultan Japanwala as Minister Finance, Government of Sind, addressed to the plaintiff in connection with the representation made by the plaintiff to the Governor of Sind about his outstanding bill. The Finance Minister informed the plaintiff through this letter that in this connection a D.O. letter had been written to the Minister for Industries and another D.O. letter to Secretary, Housing Town Planning Local Government and a Rural Development Department who had been appointed as Chairman of the Committee to settle the pending P.I.T.F. issues including the claim of the plaintiff. The Finance Minister hoped that the committee constituted by the Governor would resolve the issue at the earliest. Annexure 'E' to the plaint is a letter from the Secretariat of Martial Law Administrator Zone 'C' dated 3‑1‑1985 addressed to the plaintiff wherein it was stated as follows:‑ "It has been informed by the Private Secretary to the Provincial Minister for Finance that the Federation of Chamber of Commerce and Industry will make the requisite payment by the 3rd week of January, 1985, positively." Annexure 'F is a copy of the letter dated 23‑9‑1985 of the Finance Minister, Sind addressed to the Minister for Industries asking him to look into the complaint of the plaintiff and get the problem resolved at the earliest. Annexure 'G' is a copy of the letter dated 9‑10‑1985 of the Finance Minister, Sind addressed to Mr. Manzoorul Hassan, Secretary Government of Sind Housing, Town Planning and Local Government and Rural Development Department, Karachi in this connection asking him to pay this matter his personal attention and get this long outstanding case finalised at an early date. Nothing came out of the efforts made by the Martial Law Administration and the Minister of Industries for the payment of the plaintiff's outstanding bills. The plaintiff then made a representation to the Chief Minister of Sind (Annexure 'H' to the plaint) on which the following direction was given to the Chief Secretary by the Chief Minister on 26‑7‑1987: "Please look into this case and resolve the issue so as to clear the payment of bills within a month's time." Even the order of the Chief Minister could not persuade the Chief Minister or the concerned Secretary to finalize this matter. The plaintiff also addressed his letter dated 24‑9‑1987 to the Chief Secretary but there was no response. In the circumstances the present suit was filed. The Government of Sind was served with the summons but no appearance was made on behalf of the Government. The case came up before me on 23‑3‑1988 for final disposal when learned counsel for the plaintiff was present. Mr. A. R. Kazi, Additional Advocate‑General was present on the Court in connection with some other case. He was informed about the present case on which he took time to seek instructions from the Chief Secretary or the concerned Secretary and therefore, on the request of the learned Additional Advocate‑General, the matter was adjourned to 28‑3‑1988. On 28‑3‑1988 learned counsel for the plaintiff was present but instead of Mr. A.R. Kazi, Additional Advocate‑General, Mr. Khan Sanaullah Advocate appeared and requested for further time and the case was adjourned to the next day i.e. 29‑3‑1988. On 29‑3‑1988 neither Mr. Sanaullah nor the Additional Advocate- General appeared and in the circumstances it was directed that a notice be issued, to the learned Additional Advocate‑General and Mr. Khan. Sanaullah for today. Mr. Khan Sanaullah appeared in the morning anti informed that in spite of his writing letters to the concerned Secretary in the Sind Government no reply had been received by learned counsel or by the Advocate‑General's office. He also informed that he had tried to contact the concerned Secretary but he could not get through to him. At his request, the matter was kept aside and it was taken up again after the tea break but then also Mr. Khan Sanaullah made a similar statement expressing his helplessness at the attitude adopted by the concerned Government functionaries in not giving‑him any instructions and not responding to his letters. No written statement has been fired by the Sind Government. The case has been fixed for final disposal. The plaint is verified on solemn affirmation and the averments contained in the plaint arc supported by the documents filed alongwith the plaint. In the, circumstances the plaintiffs have out a case for a decree in their favour. Suit No.731/87 is decreed in favour of the plaintiff and against the Government of Sind for a sum of Rs.1,28,560/‑ with interest at the rate of 14% per annum from 29‑9‑1984 till realization. The Plaintiff is also granted costs. The Government of Sind is granted time till 30‑6‑1988 to make payment of the decretal amount. A copy of this judgment may be sent to the following:‑ (1) Secretary to the Chief Minister Sind. (2) Minister of Finance, Government of Sind.". (3) Minister of Industries, Government of Sind. . (4) Chief Secretary, Government of Sind. (5) Secretary, Government of Sind, Housing, Town Planning and Local Government and Rural Development Department. H.B.T./F‑58/K . Suit decreed.