1

IN THE COURT OF LEARNED SENIOR CIVIL JUDGE

MULTAN









M/S FIRHAJ FOOTWEAR (PVT.) LTD, THROUGH ITS
MANAGER HUSH PUPPIES SHOES SHOP, GULGASHT,
MULTAN.

VS.

1. MUHAMMAD ARIF CONTRACTOR (FOR
COLLECTION OF ADVERTISEMENT FEE OF CDG
MULTAN) OFFICE AT HOUSE NO.1051-A/7,
ALMUSTAFA COLONY (BEHIND QURESHI DENTAL
CLINIC) KHANEWAL ROAD MULTAN.

2. THE CITY DISTRICT GOVERNMENT MULTAN
THROUGH ITS ADMINISTRATOR/DCO MULTAN.

SUIT FOR PERMANENT INJUNCTION

The Plaintiff submits respectfully

1. That the Plaintiff is a Private Limited Company, incorporated
under the Pakistan Companies Ordinance 1984, vide the
Certificate of Incorporation (Registration No. L 01559 dated
30
th
April, 1989), issued by the Joint Registrar of Companies,
Lahore, under the authority of Securities & Exchange
Commission of Pakistan (SECP).
2. That this suit is being filed through the attorney (Ahmad
Ajmal, shop manager), who is fully conversant with the
matter and who has been authorized to do so, under a
Resolution passed by the Board of Directors. A copy of the
extract from the Resolution, along with that of the Certificate
of Incorporation, is annexed with the Plaint.
3. That the Plaintiff Company, as such, deals in the
production/manufacturing and sale of leather-wear/shoes,
only in Pakistan, under the trade mark of Hush Puppies. It
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has its production plant in Lahore and has its outlets/shops
also, in Pakistan, including those in Multan, where also, it
has fixed certain Advertisement Boards. It has no office,
production unit, operation or sale- point outside Pakistan.
4. That the Plaintiff is, therefore, not at all a Multinational or
International Company, for any intent and purpose. The
Multinational corporation/company is defined as under,
according to the Free Encyclopedia, (also available on the
internet sites):-

Multinational Corporation (MNC): When a
corporation (Company), is registered in more than one
country or that has operations in more than one country,
it may be attributed as MNC. Usually, it is a large
corporation which both produces and sells goods or
services in various countries. It can also be referred to
as an international corporation.

5. That the Defendant No.2 CDG Multan issued the Schedule of
Advertisement Fees, for Multan, vide its Notification No.807
(E&T), dated 7-6-2012, published in The Punjab Gazette on
20
th
June, 2012, in its extraordinary-issue. (Copy annexed).
The relevant part for the purpose of this suit, is reproduced as
under:-
Sl.
No.
Details of
advertisement.
Category Advertisement
Fee
5. All types of Boards of A, B & C Rs.10 PSF P.M
the Companies and Firms

11. Banks/Insurance Company A Rs.30 PSF P.M.
& Multinational company B & C Rs.25 PSF P.M.

6. That the Defendant No.1 claims to be the Contractor for the
collection of the Advertisement Fee for the current Financial
Year, on behalf of the Defendant No.2, which has allegedly
granted him the authority to collect the fees. He has not
provided any an authority except the said Notification, nor a
written demand-note, and attributes the character of
Multinational Company to the Plaintiff just to demand higher
rate, under Sl.No.11, which is not all relevant in the
Plaintiffs case.
7. That the Plaintiff, as owner of the shop, if at liable to pay the
advertisement fee, falls in the Sl.No.5 of the above
mentioned Notification, whereas the Defendant No.1 is
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demanding the fee at a higher rate, placing the shop unjustly
under Sl.No.11, without any written Notice/letter; and is
adamant to extort the higher rate, in spite of repeated lawful
protests and clarifications by the Plaintiffs managers. The
Defendant No.1 has threatened, otherwise, to remove the
Plaintiffs Advertisement Boards forcibly showing high-
handedness, if the fees are not paid at higher rates.
8. That the defendants demand and threat both are against law
and facts, as he is out simply to misinterpret the Notification
and the status of the Plaintiff Company. He has in any case,
no lawful authority, whatsoever, to raise a higher demand
from the Plaintiff, against the Notification itself, by calling/
terming it as a Multinational Company.
9. That the Defendant is out to use force to implement his unjust
and illegal designs, without any legal justification,
whatsoever, whereas the Defendant No.2 is paying no heed to
the just version of the Plaintiff, to restrain the Defendant
from his said unlawful acts.
10. That the cause of action arose in favour of the Plaintiff
and against the Defendants, about a fortnight ago and it
continues till this time.
11. That as the dispute relates to the district of Multan, this
honourable court has the jurisdiction to entertain the suit.
12. That the value of the suit for the purpose of court fee
and jurisdiction is fixed at Rs.200, which amount of value,
does not attract the payment/affixation of any court fee.

P R A Y E R

In view of the above facts and circumstances it is most
respectfully prayed that a Decree for a permanent injunction may
very kindly be passed in favour of the Plaintiff and against the
Defendants, to the following effects:-

(a) The Defendant No.1 be restrained from terming the
Plaintiffs status as a Multinational Company and thus
demanding the impugned fee at an undue higher rate under
Sl. No.11 of the Schedule of rates:

(b) The Defendant No.2 be directed accordingly, to restrain
the Defendant No.1 from making undue extortion, and illegal
demands under the garb of Collection of Advertisement Fee,
from the Plaintiff:

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(c) Costs of the suit may also kindly be awarded; and

(d) Any other relief which this honourable Court deems fit
and proper, in the circumstances of the case, may also very
kindly be granted.




PLAINTIFF
Through:


ADVOCATE
VERIFICATION


Verified on oath, at Multan on this 2nd day of January, 2014,
that the contents of the Paragraphs No. 1 to 9 of the Plaint are true
and correct to the best of my knowledge; and the contents of the
rest of the Paragraphs are true and correct to the best of my
information and belief.




PLAINTIFF


















5

IN THE COURT OF SENIOR CIVIL JUDGE MULTAN

Firhaj Footwear (Private) Limited
VS
Muhammad Arif Contractor etc.
(Suit for Permanent Injunction)

APPLICATION under Order 39, Rules 1 & 2, read with Section
151 of the C.P.C.
Respectfully sheweth:

1. That the above titled suit is pending adjudication before
this honourable Court where-for no date of hearing has
yet been fixed.
2. That the contents of the plaint / suit may be read as an
integral part of this application.
3. That there is a good prima facie arguable case in favour
of the petitioner and there is every likelihood of the
success of the Petitioners case.
4. That balance of convenience also lies in favour of the
issuance of an ad interim injunction, as prayed under.
5. That if the respondents are not restrained from denying
the Plaintiffs correct status as certified by SECP, and
from raising the undue and illegal demand; or the
Petitioners advertisement boards are removed illegally,
the Petitioner will suffer an irreparable loss and injury.

P R A Y E R

Under the above said submissions it is most respectfully
prayed that the respondents may very kindly be restrained from
demanding the illegal fee and implementing the threat of removal
of the Plaintiffs Advertisement Boards, forcibly, in the meanwhile
till the final disposal of the suit.


Petitioner
Through


Advocate



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IN THE COURT OF SENIOR CIVIL JUDGE MULTAN




Firhaj Footwear (Private) Limited
VS
Muhammad Arif etc.

Application under Order 39, Rules 1 & 2, read with Section 151
CPC.

AFFIDAVIT OF Mr. Ahmad Ajmal, . Manager, Hush Puppies
Shoes Shop, Gulgasht, Multan.

That the deponent herby solemnly affirms and declares that
the contents of the Suit as well as those of the Application are true
and correct to the best of his knowledge and belief and nothing has
been concealed.



DEPONENT
VERIFICATION

Verified on oath at Multan, on this 2nd day of January, 2014,
that the contents of the above affidavit are correct and true, to the
best of my knowledge and belief and nothing has been concealed.



DEPONENT