1989 PLP 361 (MLD)

(i) Declare the action of the respondent No. 1 subjecting the petitioner to harassment for making recoveries of the outstanding dues of the respondent No. 2 for the satisfaction of the claim of the claims the respondent No. 2 to be illegal, unlawful and of no legal consequence. (ii) Declare that the respondent No. 1, is not authorised to intervene in a Civil transaction i.e. for recovery of dues of respondent No. 2. (iii) Restrain the respondent No. 1, his agents, subordinates, acting through or under him from raiding the shop of the petitioner and obstructing the normal course of business of the petitioner. Pre‑admission notice was issued. Learned Deputy Attorney General is present. He says that the Inspector, F.I.A., subordinate to respondent No. 1, had tried to serve a notice being No. DD/FE/111092/88 dated 11‑8‑1988 on the petitioner in accordance with the provisions of section 5(5) of F.I.A. Act, 1974, A copy whereof has been placed on record. He further states that there was no harassment. The petitioner in paragraph 6 of the petition himself stated as follows:‑ "

6. That without prejudice to the rights of the petitioner, it is submitted that the petitioner is ready and willing to deposit the outstanding dues which amount to Rs. 81,043 (Rupees Eighty one thousand and forty three only) which is due to Respondent No. 2, in this Hon'ble Court on easy instalments as he is a small trader. It is submitted that the petitioner apprehends that he shall be subjected to double payment in case he pays the money to Respondent No. 1 who has no authority under the law to receive the same." Learned Deputy Attorney General on behalf of the respondent No. 1 agrees to the proposal made in this paragraph, subject however, to the following conditions:‑ (i) That this will be without prejudice to the rights of the parties in other proceedings that may be taken in accordance with law. (ii) That the amount of Rs. 81,043 proposed to be paid in instalments will be paid with mark‑up at the rate of 14% per annum. All these conditions are acceptable to Mr. Raja Qureshi. We, therefore, dispose of this petition in terms of paragraph 6 subject to the above terms with no orders as to costs. We further direct by consent of the parties, that the amount will be deposited in monthly instalments of Rs. 7,000 per month starting from 1st September, 1988. As and when the amounts are deposited with the Nazir of this Court they will be invested in Khas Deposit Certificates for the ultimate benefit of the party which will be entitled to it in accordance with law. In view of the above order this application has become infructuous. It is disposed of accordingly. H.B.T./M‑675/K Order accordingly.