Salik Wassan

LG-B11-237

IN THE HIGH COURT OF SINDH AT KARACHI

(Original Civil Jurisdiction)

CIVIL SUIT No. OF 2023

M/s. Murad Brohi Village Welfare Organization, Karachi.

Through its Authorized Person
Tayyab Ali………………………….………………..………….PLAINTIFF

VERSUS

H & B Marketing & Others…………………………………..DEFENDANTS

APPLICATION UNDER ORDER XXXIX RULE 1 & 2 R/w SECTION 151

CPC

For reasons stated in the accompanying affidavit, it is respectfully prayed on behalf

of the Plaintiff Society that, this Hon’ble Court may graciously be pleased to pass an
appropriate order restraining the Defendant No.1 to No.3, their agents, servants, at-
torneys, representatives, and any person acting through or under them, from alienat-
ing, disposing off, or interfering in/with the rights and interest of the Plaintiff Soci-
ety or with the interest of any of the registered members/ allottees of the Plaintiff
Society, and shall be restrained from acting in violation of MOU dated 10.12.2021,
till the final disposal of the titled suit.

Ad interim orders, without notice are solicited in above terms.

The Prayer is made in the interest of Justice.

ADVOCATE FOR THE PLAINTIFF

KARACHI.
 DATED: .09.2023

IN THE HIGH COURT OF SINDH AT KARACHI

(Original Civil Jurisdiction)

CIVIL SUIT No. OF 2023

M/s. Murad Brohi Village Welfare Organization, Karachi.

Through its Authorized Person
Tayyab Ali………………………….………………..………….PLAINTIFF

VERSUS

H & B Marketing & Others…………………………………..DEFENDANTS

AFFIDIVIT

I, Tayyab Ali, son of, Sajjad Hussain, Muslim, Adult, holding CNIC No. 42101-
0265126-7, the duly authorized person of the Plaintiff Society, having office at, Plot
No. 31-B, Scheme 45, Deh Nagan, Taiser Town, Gadap Town, Karachi do hereby state
on oath as under:-

1. That I am the duly authorized representative of the Plaintiff company in the titled
Suit. Hence, well conversant with the facts of the case.

2. That the accompanying application under order XXXIX Rule 1 & 2 CPC read with
section 151 CPC has been drafted and filed under my specific instructions. Contents
whereof may kindly be treated as part of and parcel of this affidavit for the sake of
brevity.

3. That the Plaintiff society vide Sale Agreement dated 01.09.2010, acquired and
became absolute and lawful owner of NC-30, Murad Brohi Goth, Deh Nagan,
Tappo Songal, Gadap Town, Sector 31-B, Scheme 45, Manghopir, District West,
Karachi, sanction #SGAG/1144/1989, Karachi, admeasuring over an area of 27-
00 acres, containing approximately 600 plots.

4. That the Defendant No.1 through Defendant No.3 approached the Plaintiff Soci-
ety and showed his intention to purchase up to 200 to 250 plots from the Suit
Property, wherein the Defendants showed their interest in purchasing both the
unsold and sold plots and agreed to pay the plot’s amount upon exchange of files
and also acquired Marketing and Advertising rights of the Plaintiff Society and
 also assured to start development work on the Site of Murad Brohi Village from
the accumulated amount.

5. That in furtherance to above the Plaintiff and the Defendant No.1 signed and exe-
cuted a Memorandum of Understanding dated 16.12.2021 by mutual consent to
jointly own the premises i.e. NC-30, MURAD BROHI GOTH, DEH NAGAN
TAPPO SONGAL, GADAP TOWN, SECTOR 31-B, SCHEME-45,

MANGHOPIR DISTRICT WEST, KARACHI, SANCTION #SGAG/

1144/1989 measuring 27.00 Acres containing 600 plots approx in terms of
Market Investment.

6. That pursuant to the afore-mentioned MOU the Defendant No.1 and No.2, main-
tained a Joint Account at Bank Al Habib Limited, bearing account No.1262-
0981-029848-01-6 issued some Cheques to the Plaintiff which were subse-
quently issued in favor of the respective allottees of the afore-mentioned plots.
However, the cheques were dishonored upon presentation to the concerned re-
spectively and the reason of dishonoring of cheques was insufficient funds in the
said account.

7. That the Defendants deliberately and malafidely violated the terms and condi-
tions of the MOU and failed to fulfil their part of the obligation despite hoax as-
surances and kept delaying the payments to the respective allottees against their
respective plots on pretext or the other.

8. That in furtherance to above the Defendants issued a Half Nama in favor of the
Plaintiff society wherein it was stated that they would either return the files of the
plots to the respective allottees or they shall abide by the terms and conditions of
the MOU and pay the allottees the agreed amount against their respective plots.
However, the Defendants once again adopted delay tactic and miserably failed to
fulfil their obligation with respect to the said half-nama.

9. That it is imperative to highlight here that under the garbs of the MOU dated
16.12.2021, the Defendant No.1 started collecting development charges from 95
plots from the retained customers by framing charges of Rs.350,000/- of Com-
mercial Plots and Rs.250,000/ of Residential Plots and an amount of
 Rs.31,800,000/- (Rupees Thirty-One Million Eighteen hundred thousand Only)
was unlawfully received from the retained customers of the Plaintiff Society.
However, no development work in the society was initiated and the retained cus-
tomer were kept under the dark as the Defendants kept usurped the said amount.

10. That in furtherance to above in the month of July 2022, the Defendant No.1
once again resorted to fraudulent means and asked the retained customers/roop-
kari holders to immediately pay him an amount of Rs.100,000/- in terms of is-
suance of allotment letter against the Roopkari for 99 years Lease in DC office
within one month and as a result of the same he accumulated over Rs.2,000,000/-
(Rupees Two Million only) from the retained customers of the Plaintiff Society
but till date there has been no any information in this regard as he keeps delaying
the same on one pretext or the other.

11. That all the basic ingredients for grant of injunction are present in the instant
suit, and the Plaintiff has made out a prima facie case, balance of convenience
also lies in its favour and in the event of refusal I shall suffer irretrievable loss
and injury.

12. I say that unless and until the accompanying application is allowed, the Plain-
tiff shall seriously be prejudice and suffer irreparable loss.

13. That whatever has been stated above is true and correct to the best of my
knowledge, belief and information.
DEPONENT