Law: Civil Procedure Code (V of 1908)

Section: 9,94,O.VII,XXXIXR.1,2,11

Law: Central Depositories Act, 1997

Section: 3,11,18

Law: Specific Relief Act, 1877

Section: 42,52,56

Law: Securities and Exchange Commission of Pakistan Act, (XLII of 1997)

Section: 33,34

(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX Rr. 1 & 2---Temporary injunction / interim / interlocutory order, grant of---Exercise of discretion by the Court---Principles---Grant or refusal of stay rested in the commonsensical and well-structured discretion of court under the facts and circumstances of a case which may be exercised in a judicial manner and only in clear cases---Court had to delve into whether plaintiff made prima facie case, whether irreparable loss / injury would accrue if injunction was not granted and whether there existed no other remedy by which plaintiff could protect himself from the consequences of apprehended injury and that injury must be one which could not be adequately compensated for any damages---For obtaining of interlocutory order, plaintiff must demonstrate that in event of withholding of relief of temporary injunction his alleged right or interest could be seriously devastated---Plaintiff had to put across his / her own acts and dealings in the matter which had to have been scrupulous and upright and free from any contamination or unlawfulness and in dealing with person against whom he pursued relief, plaintiff must show he acted fairly and equitably---Court's jurisdiction made it well within its domain to mull over whether grant of an injunction would be more inequitable rather than refusing and in such an eventuality, it was proper exercise of discretion to refuse the same---Where no perpetual injunction was claimed no question of granting ad-interim injunction could possibly arise---All presumptions and ambiguities were taken against a party seeking to obtain temporary injunction. PLD 1986 SC 74; 2013 CLD 981; 2004 SCMR 265; 2017 SCMR 1218; PLD 1965 SC 83; 1974 SCMR 519; PLD 2004 SC 860 and PLD 1968 Khi. 222 ref. PLD 1960 Dacca 153; PLD 1973 AJ&K 62; PLD 1969 Kar. 227; PLD 1968 Kar. 846; PLD 1954 Sindh 61; PLD 1990 Lah. 22 and 1990 CLC 1053 and Marghub Siddiqi v. Hamid Ahmad Khan 1974 SCMR 519 rel. (b) Interim Orders--- ----Nature of---Inherent power of court of law to grant interlocutory / interim orders or temporary injunction----Scope---Passing of an interim order was a sense of duty attached to the judicial…

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