KARACHI: Hearing advocate Khalid Rajpar, counsel for Pakistan Customs, a customs appellate bench of High Court of Sindh on Wednesday allowed the department to file objections in an appeal filed by General Services Ltd, impugning order of a single judge in a suit 737 of 2019 where in said suit was dismissed.
The appellant side filed the HCA (High Court Appeal) without intimating the defendants, respondents under Order 43, Rule 3 about filing of the appeal, Khalid Rajpar advocate submitted adding that the case file was brought to the notice of the court in late hours (court’s working hours) and placed in chamber for orders.
No notice was issued to the respondent/ defendant side and it is their right to be given notice of, he said adding that rupees 700 million are involved as payable to the government as revenue.
The appellant is an importer and a license holder and many FIR’s have been registered against him. He submitted that the HCA can be entertained only if the appellant deposits rupees 700 million, the disputed amount as per judgment by Supreme Court of Pakistan.
The counsel for appellant opposed the plea and said that no demand was ever raised by the respondents/appellants.
The bench later while allowing the defendants to file objections to the HCA asked the appellant side to provide copies of the appeal to the defendant/respondents.