2013 PLP 719 (YLR)
Messrs ELKO ORGANIZATION (PVT.) LTD. through Director — Plaintiff Versus RIAZ UL ISLAM and another — Defendants
| Citation | 2013 PLP 719 (YLR) |
| Forum / Court | Sindh |
| Bench Members | Muhammad Ali Mazhar, J |
| Parties | Messrs ELKO ORGANIZATION (PVT.) LTD. through Director — Plaintiff Versus RIAZ UL ISLAM and another — Defendants |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 2013 PLP 719 (YLR)?
This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 719 (YLR)?
The case was heard and decided by the Sindh bench comprising: Muhammad Ali Mazhar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 719 (YLR) (Messrs ELKO ORGANIZATION (PVT.) LTD. through Director — Plaintiff Versus RIAZ UL ISLAM and another — Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Ss. 42 & 54
Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2
Suit for declaration and injunction
Ad interim injunction, grant of
Misappropriation and embezzlement
Plaintiff claimed that defendant was his employee who purchased suit plot from the money of plaintiff misappropriated and embezzled by him
Plaintiff filed statement along with which he had attached transfer letter according to which plot in issue was transferred in favour of defendant
Plaintiff apprehended that defendant might not create third party interest in plot in question
High Court issued notice to defendant and in the meanwhile directed him not to create any third party interest in the plot in question
High Court directed the authorities to mark caution on the file of plot in question till further orders of court
Ad interim injunction was granted in circumstances. Moiz Ahmed for Plaintiff.
Judgment & Decree
MUHAMMAD ALI MAZHAR, J.
Granted.
2. This is a suit for declaration, injunction, recovery and damages. The case of the plaintiff is that the defendant No.1 was appointed by the plaintiff as Chief Financial Officer in 2009, and he was authorized to look after the financial affairs of the plaintiff. Counsel for the plaintiff submits that it was the practice of its business that various clients used to give payment through open cheques to the plaintiff for the business transaction and it came to the knowledge of the plaintiff that the defendant No.1 had committed criminal breach of trust by playing fraud i.e. instead of depositing the cheques in the company's account he deposited the same in his personal account, which caused serious financial loss to the plaintiff. The claim of the plaintiff against the defendant No.1 is of Rs.10.850 million. The plaintiff has also sought declaration that the property i.e. Plot No.B-059, Sector W, sub-sector-II, Gulsan-e-Maymar has been purchased by the defendant No.1 through mis-appropriated/embezzled amount of the plaintiff. Counsel for the plaintiff has also filed statement along with which he has attached transfer letter issued by defendant No.2 dated 16-2-2012 in which the Plot No.B-059, Sector W, sub-sector-II, Gulsan-e-Maymar, Karachi was transferred in the name of defendant No.1. The plaintiff apprehends that the defendant No.1 may create third party interest in the plot in question. Issue notice to the defendants for 5-10-2012. Meanwhile, the defendant No.1 is directed not to create any third party interest in the above plot and the defendant No.2 is directed to mark caution on the file of aforesaid plot till further orders of this Court. MH/E-6/K Order accordingly.