| Citation(s) |
|---|
| 2018 SLG 1319 2018 SLD 1319 2018 PLD 303 |
Suit No. 491 of 2017, decision Dated: 15-09-2017. Dates of hearing: 19th, 26th April, 29th and 30th June, 2017.
Law:
Section:
(a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Sindh Public Procurement Rules, 2010, Rr. 4 & 13---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2--- Suit for declaration and injunction---Application for grant of interim injunction---Plaintiff company assailed acceptance of financial bid of defendant for award of tender on the grounds of being in violation of Sindh Public Procurement Rules, 2010---Validity---Plaintiff company had approached the Court with a strange aspiration and entirety that despite submitting higher bid than defendant, it should have been awarded contract which claim was totally unwarranted and unjustified---Plaintiff company neither could dictate nor give orders to competent authority to accept its bid and award contract in its favour, no matter the bid was higher than the bid submitted by defendant, nor could claim any vested right in such regard---Documents available on record unequivocally elucidated and expounded that entire proceedings were conducted assiduously with fairness and transparency---Plaintiff company could not make out any prima facie case as neither balance of convenience laid in its favour nor any question of irreparable injury had arisen--- Injunction was a writ framed according to circumstances of case commanding an act which Court had regarded as essential to justice or restraining an act which it esteemed contrary to equity and good conscience---High Court declined to issue any injunction in favour of plaintiff---Application was dismissed in circumstances. Al-Tamash Medical Society v. Dr. Anwar Ye Bin Ju 2017 MLD 785; Sayyid Yousaf Hussain Shirazi v. Pakistan Defence Officers' Housing Authority 2010 MLD 1267 and Nassemul Haq v. Raes Aftab Ali Lashari 2015 YLR 550 rel. Patel Engineering Ltd. and another v. National Highways Authority of India and others AIR 2005 Delhi 298; Messrs Driplex Water Engineering Limited v. The Punjab State Electricity Board and another AIR 1991 Punjab and Haryana 38; Hitech Audio Systems Pvt. Ltd. v. The State of Maharashtra and others 2016(3) Bom CR 552, [2016] 135 SCL 122 (Bom.); Lanco Constructions Ltd. v. Government of A.P. Irrigation 1999 (4) ALD 5, 1999 (4)…
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