Law:

Section:

Constitution of Pakistan-------Art. 199---Law Reforms Ordinance (XII of 1972), S. 3---Intra-Court appeal---Constitutional petition---Maintainability---Private company---Appellant was a private company and aggrieved of order passed by Single Judge of High Court whereby demand made by the company to respondent was declared illegal---Validity---Appellant was a private company and could not be regarded as a person performing functions in connection with affairs of Federation or Province---No writ in exercise of powers of Art. 199 of the Constitution could be issued against the company---Division Bench of High Court set aside passed by Single Judge---Intra-Court appeal was allowed in circumstances. Salahuddin and 2 others v. Frontier Sugar Mills and Distillery Ltd. Tokht Bhai and 10 others PLD 1975 SC 1974 and Abdul Wahab and others v. Habib Bank Ltd. and others 2014 PLC (C.S.) 393 ref. JUDGMENT IJAZ UL AHSAN, J.---The appellant is aggrieved of an order dated 20-10-2010 passed by a learned Single Bench of this Court. Through the impugned order a constitutional petition filed by respondent No.1 was allowed and a demand of Rs. 19,000 as service and warranty charges made by the appellant and respondent No.4 was declared to have been created without lawful authority and of no legal effect. 2. Facts of the case are that respondent No.1 booked a tractor through respondent No.4 by availing a loan facility from Zarai Taraqiati Bank Limited, Pasroor. The appellant asked respondent No.1 to present a demand draft for delivery of the tractor and the same was presented. Subsequently, a further amount of Rs.19,000 was demanded as service and warranty charges which was challenged before this Court through a constitutional petition. 3. It appears that the actual price of the tractor was Rs.3,20,000 and the demand of Rs.19,000 was over and above the said price by way of service and warranty charges. The said charges were contested on the ground that the same were violative of S.R.O. No.839(I)/98 issued by the Federal Government. After hearing the parties, the learned Single Bench allowed the petition and held the claim of the aforenoted amount of Rs.19,000 to have been created…

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