KARACHI: Justice Muhammad Ali Mazhar of High Court of Sindh (SHC) on Thursday adjourned hearing of an application filed by Pakistan Customs in a suit filed by Fauji Cement Factory till April 18 and ordered treating it as part heard.
The bench heard the case at the end of yesterday’s proceedings. Masooda Siraj advocate assisted by Sardar Zafar Hussain advocate prayed for vacating the ex-parte stay obtained by the plaintiff company. She contended that during pendency, the outstanding amount has risen from rupees 808 million 808 billion. Huge amount is to be recovered from the plaintiff, she maintained seeking an early decision/disposal of the suit. The plaintiffs who imported plant machinery are seeking exemption under SRO 484 of 1995 (on import of plant / machinery for cement manufacturing).
The controversy dates back to 1995. According to detail plaintiff company import plant machinery in 1995 and sought exemption from custom duty and other taxes under SRO 484/1995. The custom authorities denied the exemption which lead to a series of litigation beforeLHC, SHC, Supreme Court and ultimately before SHC.
As apex court ruled in favor of customs, the department raised a demand of rupees 80 Crore against which the instant suit was filed. In an identical case, Lucky Cement was asked to pay rupees 942 million and the hearing was fixed on April 20.