C.M. No,4034 of 2015 ' NOOR-UL-HAQ N. QURESHI, J.--- Engro Polymer and Chemicals Ltd. ("Engro"), public company Ltd.
By shares, duly incorporated under the laws of Pakistan, having its registered office at Harbour Front Building, High Court,3, Marine Drive Block 4, Clifton, Karachi has preferred the above C.M for impleading it as party/respondent, It is asserted that the applicant is a manufacturer of PVC resin, which is a raw material used in the manufacture. The applicant is a necessary and proper party in this writ petition on the grounds mentioned in the petition. It is added that Engro should have been made party to the writ petition by the Association itself. The petitioner has not fully state the entire background in the writ petition. If the application is not allowed and applicant is not impleaded as respondent, its rights shall be prejudiced.
2. On the other hand, the petitioner has vehemently opposed the petition by filing reply.
3. I have heard the arguments advanced from both the sides and perused material made available.
4. Learned counsel for the petitioner has relied upon 1989 SCMR 205, PLD 2013 Sindh 83, 2010 MLD 1000, 2010 YLR 1666, 1998 CLC 1576, 2015 SCMR 1257, 1995 SCMR 650 and 2002 YLR 3433.
5. From the contents of application and documents placed on record on behalf of ENGRO, I of the firm opinion that applicant is a necessary and proper party in the present lis. The presence of applicant shall help the court to reach on a just conclusion. No prejudice will be caused to the other parties, if the applicant is impleaded in array of respondents. Hence, this application is allowed.
Petitioner is directed to file amended title of petition after impleading the applicant as respondent.
6. After submission of amended title of petition, newly impleaded respondent shall file reply to main writ petition. Copy in advance be provided to the learned counsel for the petitioner. Re-list on 15.3.2016.
C.M NO.4388/2015
7. Except intervener, rest other respondents have not submitted reply to this C.M. Directions are issued to them to submit reply within 10 days, else it will be decided on its own merits.