In the Court of Authority appointed under the Punjab Payment of

Wages (Amendment)Act, 2014, Lahore (South Zone).

iwO RUPEES

LHA
ROAB
123 VENOO8
Application No.
IN
PÁKISTAN
COURT FEE
Application No.PWA/152/23

In re: Muhammad Kashif Irshad Vs.Shopdev Pvt. Limited

APPLICATION UNDER ORDER 7 RULE 10 &11 OF CPC AND OTHER
ENABLING PROVISIONS OF LANW ON BEHAF OF THE
RESPONDENT(SHOPDEV PVT. LTD)

Respectfully sheweth;
1. That the titled petition is pending and adjudication before this
Honorable Authority and is fixed for 20-11-2023.
2. That the petition is barred by law, hence, liable to be dismissed..ctu Le

3. That the petitioner was terminated on 10-08-23 and applicant hcne Ls

(Shopdev Pvt. Ltd) ensured that all financial dues payable to the

respondent (Muhammad Kashif Irshad) were promptly cleared The

respondent (Muhammad Kashif Irshad) has voluntarily and explicitly
waived off the remaining outstanding dues or arrears in an email

correspondence with respondent (Shopdev Pvt. Ltd), hence, the

provisions of Order 7, Rule 11 are clearly attracted in the case and it

is in the interests of the justice to reject the petition. (Copy of an email

is altached as Annexure-A)

4. That the respondent (Muhammad Kashif Irshad) seeks

implementation of contract in his paragraph No 6 of the petition The

proper forum for the implementation of contract is Honorable Civil

 Courts, hence, this Honorable CourtIAuthority has lacks the
jurisdiction to adjudicate the petition. The petition is liable to be return
under Order 7 Rule 10 of CivilProcedure Code.

5. That the continuation of the suit will amount to wastage of the

precious time of this Honorable Court as well as the abuse of the

process of the law.

6. That the respondent (Muhammad Kashif Irshad) has failed to contact

this Hon'ble Court with clean hands, hence, the suit is liable to be
dismissed.

Prayer:

In view of the above, it is most respectfully prayed that:

1. The application of the applicant (Shopdev Pvt. Ltd) may very kindly
be accepted and petition of the Muhammad Kashif Irshad may very
kindly be rejected under the provision of Order 7 Rule 11 and
returned the main petition to the proper forum under the provision of

Order 7 Rule 10 of Civil Procedure Code:

2. The main application of Muhammad Kashif Irshad may also be

dismissed;

3. Any other relief which this court may deem fit and appropriate may

also be granted.

Applicant (Shopdev Pvt. L

Throughits CEO

Through

Shadbir Ali Khokhar

Advòcate High Court
 AN
(9)(42,4

Verification

It is verified on Qathvaf Lahore on this day of November, 2023 that

the contents of the above application are true and correct to the best of my S h odev

knowledge and belief.

ATTEBTED
AT
Applicant (Shopdev Pvt. LtdOur
Through its CEO
1(PIh
Wtoa No-21 Genl X. B.s (D

In the Court of Authority appointed under the Punjab Payment of

Wages (Amendment) Act, 2014, Lahore (South Zone).

Application No. 123

S AN IN
cOMA;

Application No.PWA/152/23

Muhammad Kashif lrshad Vs.Shopdev Pvt. Limited

6iAPPLIATION UNDER ORDER 7 RULE 10 &11 OF CPC AND OTHER
ENABLING PROVISIONS OF LANW ON BEHAF OF THE
RESPONDENT(SHOPDEV PVT.LTD)

Affidavit of Mr. Ali Aziz CEO Shopdev Pvt, Limited office at 185-S, Qauid
E-Azam Industrial Estate, Kot Lakhpat, Lahore.
the above named deponent do solemnly affirm and declare as under:
1. That the titled petition is pending and adjudication before this
Honorable Authority and is fixed for 20-11-2023.
2. Th¡t the petition is barred by law, hence, liable to be di_missed.Ansa
3. That the petitioner was terminated on 10-08-23 and applicant
(Shopdev Pvt. Ltd) ensured that all financial dues payable to the
respondent (Muhammad Kashif Irshad) were promptly cleared. The
respondent (Muhammad Kashif Irshad) has voluntarily and explicitly
waived off the remaining outstanding dues or arrears in an email
correspondence with respondent (Shopdev Pvt. Ltd), hence, the
provisions of Order 7, Rule 11 are clearly attracted in the case and it
is in the interests of the justice to reject the petition. (Copy of an email
is attached as Annexure-A)

4. That the respondent (Muhammad Kashif Irshad) seeks

implementation of contract in his paragraph No.6 of the petition. The
proper forum for the implementation of contract is Honorable Civil
 Courts, hence, this Honorable CourtiAuthority has lacks the
jurisdiction to adjudicate the petition. The petition is liable to be return
under Order 7 Rule 10 of Civil Procedure Code.

5. That the continuation of the suit will amount to wastage of the

precious time of this Honorable Court as well as the abuse of the
procesS of the law.

6. That thefespondent (Muhammad Kashif Irshad) has failed to contact

this Honbencourt with clean hands, hence, the suit is liable to be
disissed.
Deponent

Verification:
Verified on oath at Lahore on this day of November 2023 that all the
contents of the affidavit are correct and true to the best of my knowledge
and belief.

DB) Deponent

ATTESJED
SAUD-ASSAN
ACOMAISSI
hore High Gourt
unuton
/horeo-GenlX
 Shoplstan Shopdev Mail Volatlon of Contract

Shopdev HR <hr@shopdev.co>
ESHOPISTAN
Violation of Contract
9:47 AM
4 messages Wed, Jan 11, 2023 at
Shopdev HR <hr@shopdev.cO>
kashif.Iir@ghall.om>
To: Kashif Irshad
Hi Kashif, contract wlth Shopdev.
violated the terms of your employment
thàt yoU have employment with
This is to let you know business or poltical activity or lake
toéngage in any
you were not penitedwith the Company.
As per the contracl, employment iShöpdev.
with:s
any olher person during your work related activitlés whilé enplöyed
engejed in other company has
Upwork proile, yöu weré you áhy amountiThe
BOt as per your is not liable to pay nelgeDca In peforming
violatioD of contract. the ompany your personal projscts and your
Hence, due to the direct in
significañt loss becaUS of your engagèment
Sufiered a
your dutles at Shopdev.

Regards,
Human Resources Team
Contact: hr@shopdev.co
shopdev SHOPISTAN
2023 ät 3:45 PM
Wed, Jan 11.
Kashlf Irshad <kashif.Ir@gmal.com>
<hr@shopdev.co> competitor now who is nót
To: Shopdev HR business. You are lalking tô your per your pást emalls. You
emplôyee, I,am myself in as
lam not your outstandlhg which you were llableresponse to thls nötilficatlon,I
amount ofundersland
way, now an It and In partles.
By the moment. It was sltualion. I consent of both öf our
your employee, at this because ofyouY fliariclál
of paying agreemenls andaffidavits, with mutual
were not capable
discontinulng bolh òf bür partilles
walve it by
G
Regards,
( MKashif Irshad
[Ouoled text hidden)

Muhammad Kashif Irshad

Cell# +923364587264

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