Case Details

Citation(s)
2018 SLG 1464 2018 SLD 1464 2018 YLR 1206

High Court Appeal No. 170 of 2017, decision Dated: 05-09-2017. Hearing Date : 24-08-2017.

Abdur Rahman for Appellant. Mansoor Ali Ghanghro for
Respondent No. 1. Nemo for
Respondent No. 2. Zubair Ahmed Abro for
Respondents Nos. 3 and 4.

ARSHAD TANVEER

VS

SINDH INDUSTRIAL TRADING ESTATES (GUARANTEE) LIMITED THROUGH MANAGING DIRECTOR AND 4 OTHERS

Law:

Section: 1,2

(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Interim injunction, grant of---Defendant a company incorporated---Absence of pre-conditions--- Plaintiff assailed two notifications approved by Board of Directors of the company (defendant) on the basis of which elections of Board of Directors were to be held---Single Judge of High Court declined to grant interim injunction against notifications in question---Validity---Plaintiff failed to raise and / or avoided to show existence of three important ingredients i.e. 'prima facie case', 'balance of convenience' and 'irreparable loss' in favour of his position---Single Judge of High Court properly refused discretionary relief while dismissing injunction application--- Both the notifications were duly approved and ratified by Board of Directors in its meeting in which meeting plaintiff was also present but he failed to and / or avoided to raise any objection on such decision---Division Bench of High Court declined to interfere in order passed by Single Judge of High Court as the same was not suffering from any legal infirmities---Intra court appeal was dismissed in circumstances. S. M. Munir and 3 others v. Government of Sindh and others 1996 CLC 370 distinguished. Muhammad Abid and 2 others v. Nisar Ahmed 2000 SCMR 780 rel. (b) Specific Relief Act (I of 1877)--- ---- S. 54--- Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2--- Interim injunction--- Perpetual injunction, non-seeking of--- Effect--- No temporary injunction in absence of any prayer for perpetual injunction can be granted. Sh. Irshad Ahmad v. English Leasing Ltd. and 6 others 2004 YLR 2700 and Marghab Siddiqi v. Hamid Ahmed Khan and 2 others 1974 SCMR 519 rel. THIS JUDGMENT DELIVERED BY: AZIZ-UR-REHMAN, JUSTICE:---.--- Through the above High Court Appeal [in short HCA], the Appellant herein viz. Arshad Tanveer [Plaintiff in Suit No. 1833 of 2016] while, feeling aggrieved and dis-satisfied with the 'impugned order' dated 2nd March 2017, passed by a learned Single Judge of this Court on C.M.A. No. 11782 of 2016, being an application under Order XXXIX, Rules 1 and 2, C.P.C. read with section 151, C.P.C. filed in Suit No. 1833 of…
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