IN THE COURT OF SENIOR CIVIL JUDGE, MULTAN

CIVIL SUIT NO.-------------------------/2019

1. MIAN HAFEEZ AZMAT S/o Sheikh Azmat Ullah , Cast Sheikh,

resident of 4/C Muhammad Ali Housing Society Shahrah Faisal
Karachi.

………Plaintiff

VERSUS

1. MUHAMMAD SHEHZAD JAAN-NISAR,

2. MUHAMMAD USMAN JAAN-NISAR, Sons &
3. MST. ALVENA SHEIKH,
4. MTS. LUBNA JAAN-NISAR, Daughters of
5. MST. HUMA JAAN-NISAR,
MST. NASREEN AKHTAR (DECEASED), CASTE SHEIKH, R/O
HOUSE NO.877-B, FAISLA TOWN, LAHORE.

………Defendant

SUIT FOR DECLARATION WITH PERMANENT INJUNCTION:

Respectfully Sheweth:

1. That the addresses of the parties are correct for the purposes of
summons and notices to be issued by this honorable court.
2. That the plaintiff along with his brothers namely Khalid Azmat, Hamid
Azmat and Tariq Azmat entered into an agreement to sell dated
02.07.1988 with Sheikh Muhammad Hussain s/o Sheikh Muhammad
Abdullah and Sheikh Ghulam Dastagir s/o Sheikh Muhammad
Hussain, regarding sale of Share holding of M/s Punjab Silk Mills (Pvt.)
Ltd in which 2000 shares of A class , 27500 share of B class were owned
by Muhammad Hussain and 2500 share were owned by Ghulam
Dastagir. According to the terms & conditions of agreement to sell, the
petitioner and his brothers performed their part of contract and paid
the amount.
 Copy of agreement and receipt are annexed herewith as
Annexure A for kind perusal of this honorable court.

3. That the above mentioned agreement was acted upon but Ghulam
Dastagir on 06.04.1999 filed as suit for cancellation of agreement to sell
dated 02.07.1988. The plaintiff and his brothers submitted reply thereto,
during the pendency of suit again compromise was effected by and
between plaintiff along with his brothers and Ghulam Dastagir. On
21.05.2003 to that effect statements were recorded.
 Copy of plaint, copy of written statement recorded on
21.05.2003 and copy of compromise deed are annexed here with
as Annexure B for kind perusal of this honorable court.

4. That the plaintiff and his brothers holding shares of the company since
execution of the agreement without any objection.
 Copies of Form-A & Form-29 year 2016 & 2018 are annexed as
Annexure-C,C1, D & D/1.
5. That the defendant with malafide intention filed the Suit for Succession
Certificate for shares of the M/s The Punjab National Silk Mills (Pvt.)
Ltd which is decided by Honorable High Court after trial court order.

 Copies of civil suit and Order of honorable High Court are

attached herewith as Annexure E and E/1 for kind perusal of this
honorable court.
6. It is pertinent to mention here that the presumption of truth is attached
Judicial Proceedings. Ghulam Dastagir had filed a suit for cancellation
of agreement to sell dated 02.07.1988 but later on he entered into a
compromise with the plaintiff and his brothers resulting into disposal
of suit on the basis of compromise. After the decision of said suit matter
of share holding stood closed.

7. That shareholding of Muhammad Hussain & Ghulam Dastagir were

transferred in the name of plaintiff and his brothers since long which is
evident from the fact that they are shareholders of the Company as per
Form-A & 29 along with plaintiff but defendants have procured
Succession Certificate regarding share holding which was not in the
name of their predecessor Mst. Nasreen Akhtar, in this view of the
matter no Succession Certificate could be issued in their favour
regarding shareholding of the Company.

8. That the succession certificate issued to the defendants was based on

the not a latest copy Form-E or Form-A. Defendants attached Form-E of
dated 31.12.1972 which is malafide of the defendants they misstated to
the succession court.
9. That since 1988 petitioner and his brothers are holding shares of the
Company and also holding position of Directors/ Managing Director of
the Company, which is evident from Form-A & 29 filed by the
Company with Securities and Exchange Commission of Pakistan
(SECP), whereas, respondents have obtained succession certificate
regarding shareholding of The Punjab National Silk Mills (Pvt) Ltd,
 which were not in the name of their predecessor, in this view of the
matter succession certificate of shares issued in their favor is based on
fraud, misrepresentation and concealment of facts and record.
10. That defendants are filing constantly Form-A and Form-29 merely to
make trouble for the plaintiff. The defendants have no legal position
filing annual return under section 130 of the Companies Act, 2017 being
the part of the company.

PRAYER:

It is, therefore, most respectfully prayed that the suit may kindly be
decreed in favor of plaintiff and against the defendant by declaring that
the agreement to sell of shares is legal, lawfull and binding on the
parties of the suit.

It is further prayed that defendant may kindly be permanently

restrained not to file Form-A and Form-29 as they are not a
management/member of the company.

Ad-interim injunction may kindly also be awarded.

Any other relief which this honorable court may deem fit and proper
may kindly also be granted.

PLAINTIFF
Through,

Malik Adil Shabbir Khokhar

Advocate High Court,

VERIFICATION:

Verified on oath at Multan on this 02-10-2019 that the contents of

paras Nos. 1 to 10 are correct to the best of my knowledge and rest of the
paras are correct to the best of my belief.

Plaintiff
 IN THE COURT OF SENIOR CIVIL JUDGE, MULTAN

M.A NO.-------------------------/2019

MIAN HAFEEZ AZMAT

Vs-
MUHAMMAD SHEHZAD JAAN-NISAR ETC.

(SUIT FOR DECLARATION WITH PERMANENT INJUNCTION:)

APPLICATION UNDER ORDER XXXIX RULE 1 & 2 C.P.C FOR

TEMPORARY INJUNCTION:

Respectfully Sheweth:

1. That the above mentioned titled application is pending for adjudication

before this learned court in which no date of hearing is fixed till to date.
2. That the instant application may kindly be read as integral part of the
suit.
3. That the applicant/ plaintiff has good prima facie case in his favor. As
the plaintiff/ applicant is member of the Company and defendants
have no legal ownership of the Company.
4. That balance of convience is also lies in favor of plantiff and against the
defendant.
 5. If defendants may not be permanently restrained to file Form-A and
Form-29 as they are not a management/member of the company.
Plaintiff will suffer irreparable loss.

PRAYER:

It is ,therefore, most respectfully prayed that the applicant may kindly be

accepted and the respondents/ defendants may kindly be restrained not to
file Form-A and Form-29 as they are not a management/member of the
company.

Ad – interim order may kindly be passed till decision of this application.

Petitioner

Through:

Malik Adil Shabbir Khokhar

Advocate High Court,
 IN THE COURT OF SENIOR CIVIL JUDGE, MULTAN

M.A NO.-------------------------/2019

MIAN HAFEEZ AZMAT

Vs-
MUHAMMAD SHEHZAD JAAN-NISAR ETC.

(APPLICATION UNDER ORDER XXXIX RULE 1 & 2 C.P.C FOR

TEMPORARY INJUNCTION:)

Affidavit of MIAN HAFEEZ AZMAT S/o Sheikh Azmat Ullah , Cast

Sheikh, resident of 4/C Muhammad Ali Housing Society Shahrah
Faisal Karachi.

The deponent do hereby solemnly affirm and declare as under:

That the contents of above said application are true and correct to the
best of my knowledge and belief and nothing have been concealed
therein intentionally.
Deponent

Verification
Verified on oath at Multan this 2019 that the above said
contents are true and correct to the best of my knowledge and belief
and nothing have been concealed therein.

Deponent