Pre Litigation Notice

 To,

1.  Advisor & Director General,

Department of Plant Protection,

Ministry of National Food Security & Research,

Government of Pakistan, Jinnah Avenue,

Malir Halt, Karachi.

2.  Mr. han.

D. Director (Reg)

Department of Plant Protection

Jinnah Avenue, Malir Halt, Karachi

PRE LITIGATION NOTICE

Sir,

Your letter vide No: F.1-25/2016-Reg, dated 10-January-2017 (Copy attached herewith), delivered to my client M/s Pak Pansy (Pvt) Ltd, Plot No: 04, Ahmed Town, Survey No: 212, Block-2, Azizabad, Commercial Area, Karachi, has initiated a cause of action directly against you, so my client has given instructions to address you as under: -

1.  That my client is a person licensed / registered under hand & seal of your office for lawful import, formulation, distribution and sale of pesticide under trade name CARBO SUPPER but with erroneous interpretation of order dated 06-01-2017 passed by honorable High court in case / H.C.A. No.12/2017 and by circulating above stated letter you have stopped my client to carry on lawful trade or business which is guaranteed in constitution of Pakistan.

2.  That the subject order is reproduce hereunder, word by word, which reads as:

 “Learned counsel for the appellant contends that the appellant is an importer / distributor of agricultural pesticides doing its business for more than three decades. Learned counsel has drawn attention of this court to Form-17, which deals with registration of import of agro-pesticides not falling under the categories of either Form-1 or 16 as provided under rule 9-A of agriculture pesticides rules, 1973. Per learned counsel for the appellant the process required for registration of product under Form-17 is exhaustively laid out in ordinance No.II of 1971 and the Agricultural pesticides rules, 1973. Photocopies of same are enclosed at page 93 and 119 respectively with memo of appeal. Per learned counsel for the appellant the provision of said ordinance and rules have not been adhered to by the respondents in letter & sprit. Issue pre-admission notice to the respondents and DAG for 18.01.2017. Till next date of hearing respondents are directed to ensure that no import or distribution of agricultural pesticides is done in violation of above statute and or rules”.

3.  That being well conversant with the fact that my client is not engaged in import or distribution of any type of pesticide which is subject to violation of statute or rules and by erroneous interpretation of subject court order, you have acted wrongly or for fraudulent gains.

4.  That my client believes that your action aims to stop all other lawful market trade or competitors and also it is just for illegal benefits and to aid in creation of market monopoly.

5.  That for which please note, as a pre-litigation notice, that the circumstances you created, have left the sole option to knock the door of court of law directly against you in personal capacity also. As my client aims to get redressed by claiming for attachment of your salary, service benefits for realization of accrued market losses, damages & compensation. So to protect from further unnecessary complications and confrontations, you are called to justify your action by not stopping my client’s lawful trade or business of pesticide. Otherwise every possible effort / legal proceeding to punish your wrong deeds and to challenge your competency to hold your public office will also be made, please note.

Farhan Khaliq Anwer

Advocate.