Law:

Section:

Civil Procedure Code (V of 1908)---O.XXXIX, Rr.1 & 2---Constitution of Pakistan, Art. 185(3)---Recovery of arrears of gas bill and penalty---Furnishing of bank guarantee by alleged defaulter---Petitioner, alleged defaulter, agreeing to offer made by Gas Company regarding payment of the amount due---Petitioner failed to pay its arrears of gas bill and the penalty imposed on it due to pilferage/theft of gas---Petitioner filed suit for declaration and temporary injunction seeking a restraint order against Gas Company (respondent) to stop it from recovering the amount---Appellate Court directed petitioner to deposit 50% of arrears of gas bill and penalty calculated by Gas Company---Gas Company contended that if petitioner deposited total current bill and 50% of the penalty imposed within a week, and furnished bank guarantee for the remaining amount, then it would not disconnect the gas connection of petitioner---Validity---Petitioner agreed with the offer made by Gas Company---Both parties having taken a fair stand, petition for leave to appeal was allowed, impugned order of Appellate Court was set aside and petitioner was directed to deposit the amount in terms of the offer made by Gas Company within a period of 8 days and to furnish a bank guarantee for the remaining amount--- Gas authority was directed not to disconnect gas connection of petitioner till such period. ORDER TASSADUQ HUSSAIN JILLANI, J.---Through this petition leave is sought against the order dated 5-11-2012 vide which petitioner's First Appeal bearing No.477 of 2012 was partly allowed and it was directed that petitioner shall deposit 50% of the outstanding amount of arrears of sui gas bill as also the penalty/pilferage amount worked out by the respondent Sui Gas Pipeline Limited against the petitioner concern. 2. This petition arises out of a temporary injunction matter in a suit for declaration filed by the petitioner against the respondents impugning the notice for payment of the outstanding amount and seeking a restraint order that respondents/defendants be directed not to recover the amount of Rs.7,72,90,784 along with security deposit of Rs.42,72,000 regarding Sui Gas Meter No.IM…

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