IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN

Crl. Org. No.__________/2016

IN W.P. No. 11722/2015

1. Ahmed Fine Textile Mills Limited, (Spinning Units) 1st floor

International Plaza, Bohra Street, Multan Cantt through its
authorized representative Mr. Rafiq Ahmad Anjum
2. Reliance Weaving Mills Limited 2nd Floor Trust Plaza, LMQ Road,
Multan through its authorized representative Mr. Rafiq Ahmad
Anjum
3. Fazal Rehman Fabrics Limited 1st floor International Plaza, Bohra
Street, Multan Cantt through its authorized representative Mr. Rafiq
Ahmad Anjum
4. Fazal Weaving Mills Limited 129/1 Near Faisal Bank Old
Bahawalpur Road, Multan through its authorized representative Mr.
Rafiq Ahmad Anjum
5. Fazal Cloth Mills Limited 129/1 Near Faisal Bank Old Bahawalpur
Road, Multan through its authorized representative Mr. Rafiq Ahmad
Anjum
6. Hussain Mills Limited Fazalabad Shahra-e-Rashid Multan through
its authorized representative Mr. Rafiq Ahmad Anjum
7. Indus Dyeing & Manufacturing Co. Limited Chowk Aziz Hotel,
Railway Road, Multan Through its authorized Representative Mr.
Habib ur Rehman.
8. Sun Rays Textile Mills Limited Chowk Aziz Hotel, Railway Road,
Multan Through its authorized Representative Mr. Habib ur Rehman.

….. Applicants/Petitioners

VERSUS

1. Fazalullah Durrani, C.E.O. Multan Electric Power Compnay (MEPCO),

Multan
….. Respondents
 PETITION UNDER ORDER XXXIX
RULE 2 SUB-RULE (3) READ WITH
SECTION 3 & 4 CONTEMPT OF
COURT ACT, 1976

Sir,
It is respectfully submitted:-

1. That the petitioners had filed a writ petition No.11462/2015

before this Honourable Court wherein this Honourable Court

was pleased to issue notices to the respondents and besides this

was also pleased to issue an ad-interim injunction in favour of

the petitioners vide order dated 06-08-2015 and the same is

still in filed as the same has not been vacated by this

Honourable Court till date. The copies of the writ petition along

with order dated 16-08-2015 are hereby attached as ANNEX-A

& A/1-.

2. That the matter was heard on 02-11-2015 and the interim relief

granted vide aforesaid order was extended in the meanwhile.

Since then, the case was fixed till date, thus, the said interim

relief is in field. The copy of the order dated 02-11-2015 is

hereby attached as ANNEX-A/2-.

3. That on the 20-01-2016, a W.P.No. 11462/2015 titled as

"Khawaja Tanneries V. Federation of Pakistan etc" was heard by

this Honourable Court and it has been directed by this

Honourable Court in the said petition to pay surcharges in

accordance with the Judgement of Learned Single Judge in

Chambers Mr. Justice Shujaat Ali Khan. The copy of the Order

dated 20-01-2016 is hereby attached as ANNEX-B-.

4. That the respondents under the garb of impugned order has

now issued bills pertaining to NJ, DS & UOF surcharges despite

knowing a fact that the same were not subject matter of the

Judgment as aforesaid as well as a restraining order has been

passed by this Honourable Court, thus, committed a contempt

of court. The copies of the bills are hereby attached as ANNEX-

C-.

5. That the petitioners approached to the respondents and asked

them to correct the bills, in which the last date for payment is

21-01-2016, but they refused to do the same; hence, this

refusal on the part of the respondents amounts to contempt of

this Honourable Court.

6. That the respondents were requested repeatedly to honour the

order issued by the Hon'ble High Court but they never cared

about it and uttered contemptuous words about the stay order

and continued to violate the same.

7. That the respondent has committed the contempt of court by

not complying with the order of this Hon'ble Court which was

effectively conveyed to them and they were very much in

knowledge of the same but even then they did not care about it.

8. That the respondents by violating the order of this Hon'ble Court

have committed the contempt of court and the provisions of

Order XXXIX Rule-2(3) C.P.C. and Section 3&4 of contempt of

court Act are attracted against them.

It is, therefore, respectfully

submitted that the contempt proceedings
may very graciously be initiated against the
respondents for committing the violation of
the order dated 11-08-2015 and 02-11-2015
passed by this Hon'ble High Court and they
may be awarded exemplary punishment for
that offence which they have committed with
deliberation having the full knowledge of the
injunctive order.

It is further prayed that any other

order which this Honourable Court deems
just, fit and proper, in addition or in
alternative to the aforesaid prayer, may very
be kindly be granted as well in the interest
of justice.

Affidavit is attached.

Submitted by:

Applicant/ Petitioner

Through:

Muhammad Ali Siddiqui,

Advocate High Court,
Computer No.6647.
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN

Crl. Org. No.__________/2016

IN W.P. No. 11722/2016

Ahmad FIne Textile Mills Limited

VERSUS
Fazalullah Durrani

PETITION UNDER ORDER XXXIX RULE 2

SUB-RULE (3) READ WITH SECTION 3 & 4
CONTEMPT OF COURT ACT, 1976

AFFIDAVIT.

I, I, Mr. Rafique Ahmad Anjum, Manager Legal Affairs of Ahmed Fine

Textile Mills Limited having its head office at 1st Floor International Plaza
Multan Cantt, Multan.
do hereby solemnly affirm and declare as under:-
(i) That the deponent above named has filed accompanying contempt
petition in this Hon’ble Court.
(ii) That the contents of the said petition are correct and true to the best
of my knowledge and belief.
(iii) That nothing has been misconstrued or concealed which was in the
knowledge and belief of the deponent.

DEPONENT.

VERIFICATION.

Verified on oath on this ___________, 2016 at Multan that the

contents stated above are correct and true to the best of my knowledge and
belief.

DEPONENT.
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN

Crl. Org. No.__________/2016

IN W.P. No. 11722/2015

To
The Deputy Registrar,
Lahore High Court,
Multan Bench, Multan.
TITLE:

Ahmad FIne Textile Mills Limited Petitioners…

VERSUS
Fazalullah Durrani Respondents…

Sir,
Will you kindly treat the accompanying petition as
an urgent one in accordance with provision of Rule 9,
Chapter 3-A Rules and Orders of the Lahore High
Court Volume V.
The grounds of urgency are:-

STAY MATTER/CONTEMPT
PROCEEDINGS

Yours obediently,

Muhammad Ali Siddiqui,

Advocate High Court,
Computer No.6647.
IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN

Crl. Org. No.__________/2014

IN W.P. No. 10750/2014

Ahmad Fine Textiles Mills Limited etc

VERSUS
Fazalullah Durrani

INDEX
Sl. Page
Description of Documents Annexe
No. Nos.
1 Urgent Form
2 CONTEMPT APPLICATION
3 Affidavit
4 Copies of Writ Petition No. 11722/2015 and
A & A/1
order dated 11-08-2015
5 Copy of order dated 20-01-2016 B
6 Copies of Bills C
7 Dispensation application with affidavit
8 CStay Application with affidavit
9 Power of Attorney

Applicant

Through:

Muhammad Ali Siddiqui,

Advocate High Court,
Computer No.6647.
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN

C.M.NO.___________/2016

Crl. Org. No.__________/2016

IN W.P. No. 11462/2015

Ahmad Fine Textile Mills Limited

VERSUS
Fazalullah Durrani

APPLICATION U/S 151 C.P.C. FOR

DISPENSATION OF CERTIFIED COPIES OF

ANNEXES A-C

Sir,

It is respectfully prayed that this Hon’ble court may be

pleased to dispense with the certified copies of ANNEXES A-C

as the same are not available with the Petitioners presently.

Submitted by:

Applicant

Through:

Muhammad Ali Siddiqui,

Advocate High Court,
Computer No.6647.

IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN
 C.M.NO.___________/2016

Crl. Org. No.__________/2016

IN W.P. No. ____11722/2015

Ahmad Fine Textile Mills Limited etc

VERSUS
Fazalullah Durrani

APPLICATION U/S 151 C.P.C. FOR

DISPENSATION OF CERTIFIED COPIES OF
ANNEXES A-C.

AFFIDAVIT

I, Mr. Rafique Ahmad Anjum, Manager Legal Affairs of Ahmed Fine Textile Mills Limited
having its head office at 1st Floor International Plaza Multan Cantt, Multan .
, do hereby solemnly affirm and declare as under:-
(i) That the deponent above named has filed accompanying
dispense with application in this Hon’ble Court.
(ii) That the contents of the said contempt petition are correct and
true to the best of my knowledge and belief.
(iii) That nothing has been misconstrued or concealed which was in
the knowledge and belief of the deponent.

DEPONENT.
VERIFICATION.

Verified on oath on this _______________, 2016 at Multan that the

contents stated above are correct and true to the best of my knowledge and
belief.

DEPONENT.
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN

C.M.NO.___________/2016

Crl. Org. No.__________/2016

IN W.P. No. ____11722/2015

Ahmad Fine Textile Mills Limited etc

VERSUS
Fazalullah Durrani

STAY APPLICATION
Sir,
It is respectfully submitted:-

1. That the above titled Contempt Petition is being filed;

contents of the same may be read as part and parcel of this
application.
2. That the petitioners have a prima facie arguable case and
there is every likelihood of its success.
3. That petitioners will suffer an irreparable loss and injury if
the respondent distribution company is not restrained to charge
the surcharges i.e. UOF, DS & NJ which are not the subject
matter of the Judgment dated 26-09-2014 passed by His
Lordship Mr. Justice Shujaat Ali Khan, Learned Single Judge in
Chambers then petitioners would suffer an irreparable loss and
this would make the interim orders passed by this Honorable
Court infructuous.
4. That the balance of convenience lies in favor of the
petitioner.
It is, therefore, respectfully prayed that till
the final disposal of the titled petition the
respondent distribution company i.e. MEPCO may
very kindly be restrained to charge the
surcharges i.e. UOF, DS & NJ which are not the
subject matter of the Judgment dated 26-09-2014
passed by His Lordship Mr. Justice Shujaat Ali
Khan, Learned Single Judge in Chambers, from
the petitioners and may also very kindly be
restrained to take any adverse action against the
petitioner in the meanwhile.

Any other relief in addition to the relief

prayed for, which this Honorable Court deems fit,
just, and equitable and proper may very
graciously be granted.

Affidavit is attached.

Submitted by:

Petitioners

Through:

Muhammad Ali Siddiqui

Advocate High Court
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN

C.M.NO.___________/2016

Crl. Org. No.__________/2016

IN W.P. No. ____11722/2015

Ahmad Fine Textile Mills Limited

VERSUS
Fazalullah Durrani

STAY APPLICATION

AFFIDAVIT

I Mr. Rafique Ahmad Anjum, Manager Legal Affairs of Ahmed Fine Textile Mills Limited
having its head office at 1st Floor International Plaza Multan Cantt, Multan .
, do hereby solemnly affirm and declare as under:-
(i) That the deponent above named has filed accompanying stay
application in this Hon’ble Court.
(ii) That the contents of the said contempt petition are correct and
true to the best of my knowledge and belief.
(iii) That nothing has been misconstrued or concealed which was in
the knowledge and belief of the deponent.

DEPONENT.
VERIFICATION.

Verified on oath on this _______________, 2016 at Multan that the

contents stated above are correct and true to the best of my knowledge and
belief.

DEPONENT.