171/2021 H.C.A New Dadu Sugar Mills Pvt Ltd. (Appellant) V/S Sindh Sugar Corporation Limited & Another (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
Order Date: 15-NOV-23
Article 10A serves as a safeguard for individuals condemned without a fair hearing, ensuring that actions taken against such individuals adhere to the principles of due process of law. In the instant case, Article 10A of the Constitution guaranteed the right to a free trial, and as auction purchasers, this right was unmistakably infringed upon when the Court failed to provide them with notice. A thorough examination of the appeal file reveals a glaring absence of notice to the auction purchaser, a procedural step that the Court should have diligently observed. The Appellants filed their appeals without delay as soon as they received notice from the Official Assignee as Provisional Manager about passing the Order dated 07.09.2021. A breach of Article 10-A of the Constitution of Pakistan is evident. The Appellants were not present before the learned Single Judge to assist the Court in the proceedings. Appeal allowed.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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