14 November 2004	Sunday	01 Shawwal 1425

LAHORE, Nov 13: A division bench of the Lahore High Court has dismissed an appeal filed by an octroi contractor seeking recovery of Rs11,239,125 from the respondents.

Appellant Muzaffar Ali Zafar submitted that he obtained contract for collection of octroi from July 1, 1992, to June 30, 1993, from the Okara Municipal Committee.

He contended that at the time of signing of contract an undertaking was given to him that extension in the municipal limits was under contemplation. Later, the limits of the municipality were extended up to the Baba Sugar Mills.

He submitted that the respondent mills was liable to pay the amount to the appellant. Otherwise the municipal committee should pay the amount.

Mills counsel Ijaz Ahmad Awan submitted that the notification regarding extension in the limits of municipality was later suspended and, therefore, it could not be applied on his client.

He prayed the court to dismiss the plea as it was not maintainable.

Earlier, a trial court had dismissed the plea of the appellant, on it, he moved the high court.-APP