KARACHI: SHC orders attachment of pharma firm’s assets: Accident suit
By Our Reporter
KARACHI, Feb 9: Justice Zia Pervaiz of the Sindh High Court has ordered attachment of the factory premises of M/s Abbot Laboratories (Pakistan) Limited situated at Quaidabad, Landhi, and also the movable assets available there in an execution application arising out of a money decree for the payment of Rs1.47 million in a compensation suit.
He also appointed the Nazir of the High Court as commissioner to prepare the inventory of all the attached movable properties of the judgement debtors and submit the report by Feb 11.
The decree was earlier issued on January 16, 2001 by Justice Zahid Kurban Alavi for a sum of Rs1.47 million along with 14 per cent mark-up from the date of filing of suit till realization in favour of six minor children and widow of the deceased, Younus Masih, aged 35 years, who died in a traffic accident on January 27, 1985 on account of alleged rash and negligent driving by a driver of M/s Abbot Laboratories.
Nasir Maqsood, advocate, had filed the suit on behalf of legal heirs of the deceased, Younus, under the provisions of the Fatal Accidents Act of 1855 for recovery of Rs1.5 million by impleading M/s Abbot Laboratories (Pakistan) Limited and their driver, Arbab.
He had contended that the driver of the laboratories while driving its van, bearing No 132-365, allegedly in a rash and negligent manner on Sharea Faisal dashed against the pedestrian, Younus Masih, in high speed near the Duty-free Shops.
As a consequence Yunus suffered fatal injuries, leaving behind six minor children having ages ranging from 10 years to two and a half years and widow.
It was stated in the plaint that the deceased used to drive his own taxi and was earning Rs3,500 a month, and thus was supporting the entire family.
Nasir Maqsood had contended that the judgment debtors had not satisfied the decree and the decretal amount after the computation of interest and cost had risen to Rs4,119,675. Thus the judgment debtor was liable to comply with the decree as there was nothing on record to prevent the executing court from enforcing the decree as claimed in the execution application.
The counsel further contended that the judgment debtors had failed to satisfy the decree even after the passage of more than one year of the decree. So the decree was liable to be enforced by coercive measures as prayed in the execution application, he argued.
Justice Zia Pervaiz, after hearing the counsel for the decree holder, inter alia, observed that:-
“Learned Counsel seeks execution by attachment on sale of the properties in the manner specified in statement. Accordingly the immovable property of the J. D. comprising the premises commonly known as Abbot Laboratories, Pakistan Ltd, situated at Quaidabad, Landhi, are ordered to be attached in pursuance to the provisions of Order 21 Rule 54 CPC. The movable properties available on the premises are also ordered to be attached under Order 21 Rule 43, CPC. The Nazir of this Court is appointed as Commissioner to prepare the inventory of all the movable properties of the J.D. attached as available on the premises and submit his report by 11. 2. 2002.”
The mode which was described for attachment in order to seek the execution of decree was by attachment and sale of all the movable articles, including plants, machinery, equipment, tables, furnitures, electronic items, belonging to the judgment debtors No 1 lying at their industrial unit.
