Law: Public Procurement Rules, 2004

Section: 48

Law: Civil Procedure Code (V of 1908)

Section: 1

Public Procurement Rules, 2004 R. 48Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 2Suit for declaration, permanent and mandatory injunctionInterim injunction, grant ofScope challenged rejection of its technical bid by the authorities and sought an interim injunctionReasons advanced by authorities for rejection of technical bid were unsatisfactory past performance, existence of litigation and incapacity of plaintiff to handle CashinTransit Service (CIT) due to substandard vehiclesValidityNo notice was issued to plaintiff for attending the meeting of Grievance Committee on the ground that no such requirement was mentioned under R.48 of Public Procurement Rules, 2004Defence was meritless as the principles of natural justice had to be read in every statute was still providing CIT service to authorities for its designated branchesBidder could not be disqualified merely because he had litigated against a procuring agencyNo report was available on record that the Armoured Vehicles of plaintiff were ever inspectedArgument of authorities that an interim relief sought was in the nature of final relief which could not be grantedHigh Court observed that the rule was not an absolute rule but there were exceptions to it; one such exception was that when undisputed record itself did not support the stance of defendant, particularly a procuring agency, and if refusal of interim injunction would frustrate the entire suit, then an interim injunction could be granted; secondly in such Request For Proposal, transparency was one of the most significant factors which could be enforced through a judicial process and thirdly, if facts of the case warranted then interim relief was to be granted and not to be withheld only on the concept that it might amount to grant of final reliefApplication for grant of interim injunction was allowed, in circumstances. Messrs Quality Builders Ltd., Karachi v. Messrs J.P. Brockhoven V. v. Dreading Contractors, Karachi and 9 others PLD 1979 Kar. 668; Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another PLD 1970 SC 139; Aboo Noor Muhammad v. General Iron and Steel Works Ltd., Karachi PLD 1973 Kar. 234 and Gaggan Catering Service v. Balana…

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