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PLJ 2005 Karachi 96

FIRST PAK MODARABA vs NAB, CHIEF EXECUTIVE SECRETARIAT II,

CitationPLJ 2005 Karachi 96
CourtSindh High Court
Case No.C.P. Nos, 369 & 370 of 2004
Date2005-03-29
Judge(s)Sarmad Jalal Osmany, Azizullah M. Memon
ResultApplication disposed

ORDER

1. Today learned DPG NAB as well as learned Counsel for the Bank have stated that they would not object if the Petitioners were allowed to operate their bank accounts maintained with the respondent bank if the dividend warrants in respect of the shares of the Petitioner company held by Rashidullah Yaqoob and his family members/friends etc. as benamidars are not released by the Petitioner. Learned DPG further says that such list appears at Page No, 143 of the Petition and in fact has been filed by the Petitioner itself alongwith the Petition. Learned DPG further submits that it may also be ordered that such shares would not be transferred by the Petitioner to any other person nor would be encumbered. So also to these shares would be added those shares a list of which would be supplied by the NAB to the Petitioner company.

2. To this proposal learned Counsel for Petitioner company has agreed.

3. Consequently, by consent this application is disposed off by ordering that the Petitioner company shall neither entertain any application for transfer of its shares from those shareholders whose names appear at Page No, 143 of the Petition nor release any dividend warrant to the said share holders. Such restriction shall also apply in respect of those shareholders whose names shall be supplied by the NAB Authorities to the Company. Section 12 National Accountability Ordinance, 1999. The Petitioner company would be allowed to operate its accounts with the respondent bank.

4. However, it is also ordered that since the rights of individuals are involved the NAB authorities shall move the learned Accountability Court for obtaining a freezing order in so far as these shares are concerned within one month from today, failing which that part of the order regarding the transfer of the shares/release of the dividends shall cease to operate. Application disposed off on the basis

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