The Divisional Bench of Sindh High Court, headed by Mr. Justice Muhammad Ali Mazhar and Mr. Justice Amjad Ali Saheto, on 05.05.2021 disposed of the petition filed against Regal Automobiles Ltd in light of the Master Motors judgment passed by the Supreme Court of Pakistan. Regal Automobiles, which imports DFSK vehicles into Pakistan, was represented by JA Legal Founding Partner Barrister Junaid Ahmed.
By way of background, a similar controversy in CP D 3552 of 2017 & CP D 1264 of 2018 (Master Motors Corporation (Pvt.) Ltd. vs Federation of Pakistan & Others) relating to ‘Greenfield Status’ was decided by the Sindh High Court, wherein the petitions were dismissed via judgment dated 12.02.2019. This judgment was subsequently challenged by Master Motors before the Honorable Supreme Court of Pakistan in CP Nos. 446-K & 447-K of 2019.
The Supreme Court, via order dated 29.05.2020, by consent, disposed of the petitions and set aside the judgment dated 12.02.2019, subject to the condition that the Petitioner shall file a separate civil suit within 45 days. In the event no civil suit is filed within the stipulated period, the leave petitions would be deemed dismissed, and the impugned judgment dated 12.02.2019 would remain in force.
In view of the above, we assisted the High Court on 05.05.2021 in light of these developments. Consequently, the court ordered that the Petitioner may file a separate civil suit in accordance with law, as the relief cannot be granted in the petition. Hence, the subject petition now stands disposed of.
