APPLICATION UNDER ORDER XXXIII RULE 3 C.P.C R/W 151 C.P.C

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No. 1462/2012

M/ s. Star Freight (Pvt)  Ltd.   ……………………….       Plaintiff

VERSUS

APL Pakistan (Pvt) Ltd & Ors.    …………….          Defenadant.

APPLICATION UNDER ORDER XXXIII RULE 3 C.P.C

R/W 151 C.P.C

Most humbly, It is prayed on behalf of the above named plaintiff that the suit may be ordered to dispose off as the main contestant Parties / defendant No.1 & 2, has settled the dispute with plaintiff and pursuant to the settlement, the defendant No.1 & 2 has provided a copy of the cheque / Demand draft for the settled amount of Rs. 02,166,850.00, covering  the all claims to plaintiff. As it is settled that after submission of subject application, the original demand draft of said settled amount will be handed over to plaintiff in court against the original receipt (R & R) signed & stamped on letterhead of the company of plaintiff. [Copies of demand draft & Receipt (R&R) are attached for kind consideration]. Therefore to get finalized the all disputes along with disposal of subject suit, the prayer is made in the interest of justice.

Karachi.                                            Advocate for the Plaintiff

Dated:10-1-2014

Plaintiff

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No. 1462/2012

M/ s. Star Freight (Pvt)  Ltd.   …………….       Plaintiff

VERSUS

APL Pakistan (Pvt) Ltd & Ors.    ….          Defenadant.

A F I D A V I T IN SUPPORT OF APPLICATION

I, Imran Nisar S/O Nisar Ahmed, Muslim, Adult, holding NIC No: 42201-4113697-1, resident of House No.A-533, BI 1, Gulshan Iqbal, Karachi, do hereby state on oath as under:

1.  That I am plaintiff herein as such am fully conversant with the facts of the matter.

2.     That I say that the accompany application UNDER ORDER XXXIII RULE 3 C.P.C, R/W 151 C.P.C has been moved on my express instructions & upon settlement with defendant No.1 & 2.

3.     That I say that the contents of the accompanying application are correct and for the sake of brevity may be treated as part of this affidavit.

4.     That I say that whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.                                              D E P O N E N T

Dated: 10-1-2013.

        I identify the deponent.

                                                            A D V O C A T E           

Solemnly affirmed before me on oath by the deponent above named here at Karachi on this    day of January 2014, who has been identified to me by Mr. Farhan Khaliq Anwer, Advocate who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVITS