IN THE COURT OF IIIRD SENIOR CIVIL JUDGE, HYDERABAD.
F.C Suit No. of 2007.
Thanwar Das s/o Mangal Mal
adult, Hindu, Proprietor of Dastagir
Daal Mill SITE Area plot No.E-12
Hyderabad. ------------------- Plaintiff.
V E R S U S.
Thaku Mal s/o Kodu Mal
adult, Hindu, Resident of Hyderabad
Dal Mill near near Custom House,
SITE Area, Hyderabad.
Muhammad Rafique Broker s/o not known
adult, muslim, by caste Memon
Resident of near Telephone Exchange
Market, Bell Khana Road, Hyderabad.
Altaf Hussain s/o not known
Adult, muslim, by caste Memon
Resident of Dua Cloth Shop Resham
Bazar, Hyderabad.
Heman Mal s/o Pau Mal,
adult, Hindu, R/o Amer Cotton Mills
Mirprkhas Road, Tando Allahyar.
Rafique Baba s/o not known
adult, muslim by caste Memon,
Resident of Memon Society near
Wehdat Colony Hyderabad
Shahid s/o not known
adult muslim, by caste Memon,
Proprietor of Halai Traders
National High Way, Morro.
Pawan Kumar s/o not known,
Parnter of Murli Lal R/o Sewani Traders
Kundh Kot.
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Haresh Kumar s/o Jetho Mal
Adult, Hindu, R/o Shah Noorani Brokers
Anaj Mandi market Tower Hyderabad.
Muhammad Yaseen s/o not known
Adult, Muslim, R/o Muhammad Shafique
Broker near Sakhi Pir Road, Hyderabad.
Saleem Raheel Shaikh s/o not known
Adult, muslim, R/o Doctor Line Saddar
Bazar Hyderabad.
Shahid Karim s/o Abdul Kareem Shaikh
Adult, muslim, by caste Shaikh R/o
Citizen Colony, Hyderabad.
Kirshan Chand s/o Pesoo Mal
adult, Hindu, R/o Proprietor of
Mehran Commission Shahpur new
Galla Mandi, Shahdadpur.
Ramesh Kumar & Chander Kumar
sons of Pesu Mal, adult, Hindu,
R/o Proprietor of Al-Karam Cotton Factory
Sanghar Road, Shahdadpur
Narander Kumar s/o Shevak Ram
adult, Hindu, R/o Gulistan-e-Sajjad
near Citizen Colony, Hyderabad
15- Khalid Chandio s/o Dhani Bux Chandio
adult, muslim, resident of Chandio
Goth near Happy Homes, Citizen Colony,
Hyderabad.
16- Muhammad Soomar Khoso s/o not known
adult, muslim, by caste Khoso resident of
village Looni Kot District Jamshoro.
17- Haji Ibrahim s/o not known
adult, muslim, by caste Pathan,
R/o Jahania Corporation Anaj Mandi
Market Hyderabad.
18- Sardar Ghulam Mustafa s/o
19- Naval Mal s/o Bheru Mal
Adult, Hindu, Resident of Thar
Bazar Umerkot. -------------------- Defendants.
SUIT FOR DECLARATION, SETTLEMENT
OF ACCOUNTS & PERMANENT INJUNCTION.
The plaintiff is respectfully and graciously submits
as under: -
That, plaintiff is proprietor of Dastagir Daal Mill situated at plot No.12 SITE Area Hyderabad, carrying business of manufacturing sale and purchase of Scab, Pulse and Grain since 2001 having
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been endowed with certain fundamental rights as envisaged under the constitution of Islamic Republic of Pakistan 1973. Plaintiff was running his business honestly, smoothly without any complaint from any corner. Copy of the lease agreements are filed & marked as annexure-A & A/1.
That, during the business plaintiff contacted with defendants for supplying raw material viz. Scab, Pulse and grain for grind and supplying to buyers of open market, which spread throughout Sindh and outside Sindh.
That, the plaintiff issued cheques in advance to different suppliers/sellers with regard to the material. The actual claims of defendants are mostly paid in cash but cheques issued as security on the demand of the sellers of raw material for more amount. Thus, defendants No.1 to 9 obtained cheques under coercion & compulsion the number of the cheques and amount are mentioned in the applications submitted to Manager Muslim Commercial Bank Market Tower Branch, Hyderabad, Manager, PICIC Commercial Bank Market Road Branch, Hyderabad and Manager Bank Al-Falah Saddar Branch, Hyderabad. However, copies of the applications are attached herewith & marked as annexure-B,B/1,B/2 & B/3.
That, defendant No.1,6,7,8,9,17 & 18 supplied sub-standard pulse material, after ascertainment of the low standard and quality of raw material, plaintiff refused to receive delivery and returned to sellers. Plaintiff made complaint about low standard material on which defendant No. 1,6,7,8,9,17 & 18 given undertaking that, they will supply pulse of required standard but defendants above not honoured their commitment. Dispute passage of considerable time neither material supplied to plaintiff nor cheques were returned. The details of the cheques are mentioned in separate application mentioned above.
That, due to critical situation plaintiff sustained loss of millions as there were heavy rain in the year 2005 and 2006 due to unavoidable circumstances, which was unexpected, the entire business of the plaintiff is collapsed and the capital spread in open market was drowned. The plaintiff being respectable and responsible businessman paid outstanding of the defendants from close sources and maintained the ledger.
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That, it is worth mentioned here that, plaintiff supplied products of pulse to defendant No.9 to 17, who are broker/whole seller. the cost of the products supplied to defendants were counted in millions but neither defendants paid the consideration of material nor return the products. During the period of 2006 & 2007 plaintiff returned certain amount to defendants and maintained ledger.
That, it is worth mention here that, defendant No.1 to 9 obtained cheques from plaintiff and put the figure with their own wish and accord, while correct figure of the consideration of material and cash are totally different. Plaintiff maintained ledger/register keeping the entries of credit and debit. The intention of the plaintiff is not to usurp single rupee of any defendant but he honestly wants to settle the accounts with the defendants for this purpose plaintiff requested to defendants for settlement of accounts but they refused to do so. Detailed figure of the accounts are as under: -
S.
No Name Cheques under coersion and compulsion Actual amount. Plaintiff paid Balance/ Credit
01. Thaku Mal Hyderabad Dal Mill Rs. 3,77,000/ Rs. 90,000/- Rs. 45,000/-
Balance
Rs. 45,000/-
02. Muhammad Rafique Rs. 4,14,500/- Rs. 2,20,000 Rs.1,90,000/-
Balance
Rs. 30,000/-
03. Altaf Hussain Rs. 7,35,500/- Rs. 3,50,000/- Rs.2,50,000/-
Balance
Rs.1,50,000/-
04. Heman Mal Rs.40,45,500/- Rs.10,50,000/- Rs.8,50,000/-
Balance
Rs.2,00,000/-
05. Rafique Baba Rs. 2,50,000/- Rs. 2,50,000/- Rs.1,75,000/-
Balance
Rs. 75,000/-
06. Halani. Rs. 8,32,000/- Rs. 3,50,000/- Rs.2,80,000/-
Balance.
Rs. 70,000/-
07. Sewani Rs. 4,00,000/- Rs. 2,50,000/- Rs.2,20,000/- Balance
Rs. 30,000/-
08. Haji Ibrahim Rs.10,93,878/- Rs. 4,93,000/- Rs.2,80,000/- Balance
Rs.2,13,000/-
09. Noorani Rs.5,88,120/- Rs. 2,10,000/- Rs.2,10,000/- Nil
7- That, it is honestly submitted that, plaintiff do not want to usurp single rupees of any person/defendant, similarly he will not forgo amount which are outstanding against different defendants. Second chart of the defendants are those who have no instrument, yet
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plaintiff wants to settle the accounts with them. Detailed chart is mentioned as under: -
Sr.
No. Name Actual amount Plaintiff paid Balance
01. Muhammad Yaseen Rs. 4,00,000/-. Rs. 2,55,000/- Rs.1,45,000/-
02. Saleem Raheel Shaikh Rs. 3,70,000/- Rs. 4,10,000/- Credit.
Rs. 40,000/-
03. Shahid Khan Rs. 4,50,000/- Rs. 6,00,000/- Credit.
Rs.1,50,000/-
04. Kishan Chand Pesoo Mal Rs. 3,90,000/- Rs. 2,10,000/- Balance
Rs.1,80,000/-
05. Remesh Kumar & Chander Kumar Rs. 3,80,000/- Rs. 2,88,000/- Balance
Rs. 92,000/-
06. Narander Kumar Rs. 6,50,000/- Rs. 4,50,000/- Balance
Rs.2,00,000/-
07. Khalid Chandio Rs. 6,00,000/- Rs. 3,50,000/- Balance
Rs.2,50,000/-
08. Noval Mal Rs. 2,50,000/- Rs. 3,60,000/- Credit
Rs.1,10,000/-
09. Sardar Ghulam Mustafa Rs. 7,90,000/- Nil Balance.
Rs.7,90,000/-
10. Muhammad Soomar Khoso Rs. 3,50,000/- Rs. 3,75,000/- Credit
Rs. 25,000/-
8- That, the plaintiff was maintaining the ledger as per chart, copies of the ledger of each defendant is filed & marked as annexure-C,C/1 to C/18. Each and every amount received by plaintiff and returned to each defendant is mentioned clearly. According to which the plaintiff is also claiming certain amount from the defendants.
9- That, plaintiff requested to defendants for settlement of accounts according to the ledger but they refused and demanded very high amount with interest and issued threats of dire consequences. Plaintiff is not in a position to return the entire amount to the defendant at once as he sustained loss of millions due to uncertain circumstances and heavy rain of 2005 & 2006. The business of the plaintiff was collapsed and the entire Hyderabad rather Province of Sindh sustained heavy loss during the year 2005 & 2006.
10- That, it is relevant to submit here that, nowadays the rate of the raw material of escape pulse, and grain are very low but the plaintiff bought the raw material with high rates due to which he also sustained uncertain loss of lacs.
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11- That, defendants against whom plaintiff demanded certain amount mentioned in the column are not responding and paying the amount while the defendants who are demanding much amount or issuing threats of dire consequences and made the life of the plaintiff miserable. Some defendants are continuously rescuing to plaintiff and advanced threat of killing lodgment of false FIRs and said that, if plaintiff will not return the amount at their choice they (defendants) will teach lesson.
12- That, it is necessary to submit here that, the amount of defendant No.1,2,5,7 & others are meagre as mentioned in the column but they have in possession of cheques of high amount which were issued under force and compulstion being security.
13- That, the plaintiff honestly ready to return the amount of defendants though entire capital was drowned due to rain and other circumstances but the defendants are using coercive methods for recovery of amounts. The acts and the action of the defendants are unlawful, void, abinitio and liable to be restrained.
14- That, defendants have no right or authority to demand illegal amount and this Honourable court is quite competent to settle the accounts after proper adjudication.
15- That, plaintiff finding no way in the decimal circumstances has invoke the jurisdiction of this Honourable Court for kind redressal and rescue the legitimate right of plaintiff.
16- That, cause of action accrued to plaintiff in the month of March, 2006 when he received amount from defendant No.1,2 in the month of April, May, June, July, 2006 when plaintiff received amount from defendants, secondly in the month of August, 2006 until now when the plaintiff paid amount to defendants as per ledger annexure-C to C/18. Cause of action accrued to plaintiff for invoking the jurisdiction of this Honourable court in the month of July, 2007, when the plaintiff made application to Manager for stoppage of accounts and cause of action accrued when defendants issued threats of dire consequences and the same is accruing day by day till filing this suit before this Honourable Court.
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17- That, plaintiff is residing and carrying business within police station SITE Hyderabad and this Honourable court has got ample power to adjudicate the matter.
18- That, for the purpose of court fees suit is valued at Rs.400/- for declaration, Rs.400/- for injunction and Rs.80,93,000/- total value of the suit is Rs.80,93,800/- and maximum court fees of Rs.15,000/- is paid.
19- That, plaintiff therefore, pray as under: -
P R A Y E R.
a) This Honourable court may be pleased to declare that, action of the defendants for demanding the amount from plaintiff are illegal, void, abinitio.
b) The defendants may be directed to settle the accounts with plaintiff as per column and ledger and hold that, plaintiff is liable to pay Rs.45,000/- to defendant No.1, Rs.30,000/- to defendant No.2, Rs.1,50,000/- to defendant No.3, Rs.2,00,000/- to defendant No.4, Rs.75,000/- to defendant No.5 Rs.70,000/- to defendant No.6, Rs.30,000/- to defendant No.7, nothing is to be paid to defendant No.8, Rs.1,45,000/- to defendant No.9, there is outstanding of Rs.40,000/- against defendant No.10, outstanding against defendant No.11 of Rs.1,50,000/- while plaintiff is liable to pay Rs.1,80,000/- to defendant No.12, Rs.92,000/- to defendant No.13, Rs.2,00,000/- to defendant No.14, Rs.2,50,000/- to defendant No.15, there are outstanding against defendant No.16 of Rs.25,000/- while plaintiff is liable to pay Rs.2,13,000/- to defendant No.17, Rs.7,90,000/- to defendant No.18, while there are outstanding against defendant No.19 of Rs.1,10,000/-.
c) This Honourable Court may be pleased to restrain the defendants not to adopt the illegal, unlawful and coerecive methods for the recovery of amount except due course of law.
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d) Cost of the suit may be saddled.
e) Any other relief, which this Honourable Court deem fit and proper may be granted in favour of plaintiff.
P L A I N T I F F.
V E R I F I C A T I O N.
I, Thanwar Das s/o Mangal Mal Proprietor of Dastagir Daal Mill SITE Area plot No.E-12 Hyderabad, do hereby state on oath that whatever stated above is all true and correct to the best of my knowledge and belief.
Hyderabad. D E P O N E N T.
Dated:
I know the deponent.
Advocate.
Documents filed Annexure
PSC of rent agreement of 2003 ---------------------- A
PSC of lease agreement of 2006 -------------------- A/1
PSC of Applications to Manager Banks -------------- B to B/3.
PSC of ledger/register -------------------------------- C to C/18
Documents relied upon
1. All above relevant documents
2. Any other relevant document found
necessary would be produced.
Addresses of the parties
Same as shown in cause title
Drafted in our office under
instructions of plaintiff.
SYED JAWAID I.BUKHARI
ADVOCATE FOR PLAINTIFF.
To,
The District Policer Officer,
(Operation) Hyderabad. P.S Market & Cantt.
Subject: APPLICATION FOR PROTECTION, LEGAL SHELTER AGAINST ILLEGAL THREATS & DEMAND OF ALTAF HUSSAIN, MUHAMMAD RAFIQUE, RAFIQUE BABA, PAWAN KUMAR PARTNER OF MURLI LAL & OTHERS RESIDENT OF MARKET TOWNER, HYDERABAD.
Respected Sir,
I am respectable citizen and proprietor of Dastagir Dal Mill SITE Area Hyderabad, dealing with the business of Pulse. I supplied and received raw material of pulse from above accused who obtained number of cheques under coercion and compulsion. The demand of the accused about consideration are much or less paid but the accused are issuing threats of dire consequences by saying that they will lodged report against me and create humiliation harassment. Finding no way I made written application to Manager Muslim Commercial Market Tower Branch, Hyderabad & Manager Bank Al-Falah Saddar Branch Hyderabad so also Manager PICIC Commercial Market Road, Hyderabad and stopped the payment of my account numbers, copies of the application and stoppage of account numbers are filed herewith. The accused came to know about the stoppage of account and cheques become harsh and issued threats at 0530 on 26-07-2007 and said he will teach me lesson through some politicians and get lodged FIR against me.
It is therefore, prayed that, my respect, liberty, honour may be procured and legal shelter from accused may be given. I shall remain grateful.
THANWAR DAS s/o Mangal Mal
Proprietor of Dastagir Daal Mill
SITE Area plot No.E-12 Hyderabad.
IN THE COURT OF IIIRD SENIOR CIVIL JUDGE, HYDERABAD.
F.C Suit No. of 2007.
Thanwar Das ---------------------------- Plaintiff.
V E R S U S.
Thaku Mal & others ----------------------------- Defendants.
APPLICATION U/O XXXIX RULE-1 & 2
R/W SECTION 151 CPC.
It is prayed on behalf of the plaintiff above named that, this Honourable court may be pleased to grant permanent injunction by restraining the defendants not to create harassment, humiliation and demand illegal, unlawful claim of amounts without settlement. Further be pleased to direct them not to adopt illegal, unlawful methods for recovery of amount except due course of law through themselves, their attorneys, agents, successor, servants, police agencies or in any manner till decision of the suit. On consideration of the accompanying affidavit of plaintiff.
Prayer is made in the interest of justice.
Hyderabad
Dated: ADVOCATE FOR PLAINTIFF
IN THE COURT OF IIIRD SENIOR CIVIL JUDGE, HYDERABAD.
F.C Suit No. of 2007.
Thanwar Das ---------------------------- Plaintiff.
V E R S U S.
Thaku Mal & others ----------------------------- Defendants.
AFFIDAVIT.
I, Thanwar Das s/o Mangal Mal Proprietor of Dastagir Daal Mill SITE Area plot No.E-12 Hyderabad, do hereby state on solemn affirmation as under: -
1. That, I am plaintiff in the above matter as such am well conversant with the facts and say that, accompanying application U/O XXXIX R-1 & 2 R/W Section 151 CPC is drafted and filed under my instructions and contents whereof are true.
2. That, I got strong prima facie case against the defendants and balance of convenience lies in my favour, if the application is not allowed I will suffer irreparable loss and injury, which can not be compensated in any manner.
3. That, for the sake of brevity contents of accompanying application may pleased be treated as part and parcel of this affidavit.
Whatever stated above in Para No.1 to 3 are true and correct to the best of my knowledge.
Hyderabad. D E P O N E N T.
Dated:
I know the deponent.
Advocate.
The deponent above named is identified by Mr. Syed Jawaid I. Bukhari, Advocate before Commissioner for taking affidavit, who is personally known to me.
COMMISSIONER FOR TAKING AFFIDAVIT
The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this ____ day of July, 2007 which he confirm by putting his signature as true and correct on solemn affirmation before me.
COMMISSIONER FOR TAKING AFFIDAVIT
IN THE COURT OF IIIRD SENIOR CIVIL JUDGE, HYDERABAD.
F.C Suit No. of 2007.
Thanwar Das ---------------------------- Plaintiff.
V E R S U S.
Thaku Mal & others ----------------------------- Defendants.
LIST OF LIST OF WITNESSES.
1-
2-
3-
Hyderabad.
Dated: ADVOCATE FOR PLAINTIFF.
IN THE COURT OF IIIRD SENIOR CIVIL JUDGE, HYDERABAD.
F.C Suit No. of 2007.
Thanwar Das ---------------------------- Plaintiff.
V E R S U S.
Thaku Mal & others ----------------------------- Defendants.
LIST OF LIST OF LEGAL
HEIRS OF PLAINTIFF
1-
2-
3-
In case of death of plaintiff legal heir No. will inform to this Honourable Court.
Hyderabad.
Dated: ADVOCATE FOR PLAINTIFF.
IN THE COURT OF IIIRD SENIOR CIVIL JUDGE,
H Y D E R A B A D.
F.C Suit No. of 2007.
Thanwar Das --------------------------- Plaintiff.
V E R S U S.
Thaku Mal & others. -------------------- Defendants.
SUIT FOR DECLARATION, SETTLEMENT
OF ACCOUNTS & PERMANENT INJUNCTION.
Hyderabad.
Dated: ADVOCATE FOR PLAINTIFF.
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