2004 PLP 1037 (CLD)

M. Abdul Qadir Khan, Advocate Supreme Court for Petitioner. Nemo for Respondents Nos. 1 and

2. Rizwan Ahmad Siddiqui, Advocate Supreme Court for Respondent No.

3. Date of hearing: 15th March, 2004. MIAN MUHAMMAD AJMAL, J.‑Leave to appeal is sought against the judgment of a learned Division Bench of the High Court of Sindh, Karachi dated 23‑9‑2001 whereby H.C.A. No.73 of 1994 of the petitioner was dismissed by holding that the appeal against the order of the learned Company Judge would lie before the Supreme Court and Intra‑Court Appeal was not maintainable. Brief facts are that Dastgir Investment and Management Limited/ respondent No.1 was wound up by the learned Company Judge of the High Court of Sindh Karachi vide his under dated 18‑1‑1987, Official Assignee/ Liquidator was appointed who offered the property for sale. The petitioner submitted his offer on 20‑8‑1989 but could not make payment within the stipulated time i.e. on or before 22‑12‑1989 as agreed, as such, on the references of the Official Assignee/ Liquidator, a learned Judge of the Sindh High Court vide his order dated 8‑1‑1990 directed the petitioner to make payment of 2nd instalment within 5 days, failing which his offer would stand rejected and amount paid by him would be forfeited. This order was set aside in appeal and case was remanded whereafter the learned Judge allowed 15 days for the deposit of the 2nd instalment. Thereafter, the matter remained under litigation and on 22‑3‑1994, the learned Single Judge dismissed all the applications of the petitioner and directed him to make payment of balance amount of Rs.40,00,000 within two weeks failing which the Official Assignee/Liquidator was directed to take over the control and management of the premises in question. Feeling aggrieved the petitioner filed H.C.A. No.73 of 1994 before a learned Division Bench of the High Court of Sindh, Karachi which has been dismissed vide its judgment dated 23‑9‑1999 as stated in para. 1 above. Learned counsel for the petitioner contended that the High Court has erred in holding that the appeal against the judgment of the learned Single Judge was not competent before the Intra‑Court and instead petition for leave to appeal should have been filed before this Court. He submitted that the appeal before the Intra‑Court was competent and referred to the judgments reported as Muhammad Bux v. Pakistan Industrial Credit Investment Corporation Limited and others 1999 SCMR 25 and Industrial Development Bank of Pakistan v. Messrs Valibhai Kamaruddin and others 2002 SCMR

415. Since leave has already been granted in the petitions out of which Civil Appeals Nos. 1300 of 1998 and 88 of 2000 have arisen and this petition involves identical question, therefore, leave in this petition is also granted. The appeal arising out of this petition shall be heard alongwith Civil Appeals Nos. 1300 of 1998 and 88 of 2000. S.A.K./Z‑11/S Leave granted.