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-off the Petition filed against Regal Automobiles Ltd in light of the Master Motors Judgment passed by the Supreme Court of Pakistan. The Regal Automobiles , which has brought DFSK vehicles in Pakistan, was represented by our Founding Partner Barrister Junaid Ahmed.
By way of background, similar controversy in CP D 3552 of 2017 & CP D 1264 of 2018 (Master Motors Corporation (Pvt.) Ltd. vs Federation of Pakistan & Others) in relation to ‘Green field Status’ was decided by the Sindh High Court, wherein the said Petitions were dismissed by the High Court vide Judgment dated 12.02.2019. The the said 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 vide Order dated 29.05.2020, by consent, disposed-off 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, and in the event no Civil Suit is filed within the stipulated period, the Leave Petitions shall be deemed dismissed, and the impugned Judgment dated 12.02.2019 shall remain in field and operative.
In view of the above, we assisted the High Court, on 05.05.2021 in light of the above developments and 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-off.