Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr.1 & 2---Policy for Power Generation Projects, 2002, Cl. 4---Construction of Hydro Power Project---Letter of Interest---Termination of---Suit for declaration and permanent injunction---Application for temporary injunction---No concluded contract existed between the parties---Only the letter of interest was issued by the Private Power and Infrastructure Board in favour of plaintiffs---Statement of qualification was submitted in the year 2006 and letter of interest was issued on 14-04-2007 and approved in the year 2008---Plaintiffs were required to file tariff petition to the National Electricity Power Regulatory Authority---Evenhanded opportunities were afforded to the plaintiffs but they submitted petition to the National Electricity Power Regulatory Authority after a long delay which was returned with the directions to submit updated feasibility---No seriousness was shown by the plaintiffs to accomplish and attain the project---Authorities, in such state of affairs, were left with no other option but to terminate the letter of interest---Plaintiffs had not taken any material steps to complete the project successfully---Grant of relief of injunction, if any, would be against the larger public interest---Plaintiffs did not deserve to pursue and claim equitable relief of injunction---Application for temporary injunction was dismissed in circumstances. Hafeezullah Khan v. Barkat Ali PLD 1998 Kar. 274; AIR 1978 J&K 102; AIR 1969 Mysore 310; 2017 MLD 1616; 2017 MLD 785, 2013 PLC (C.S.) 768; 2017 CLC 1140; 2016 CLC 83 and PLD 2018 Sindh 222 ref. Munda Hydropower (Pvt.) Ltd's. case 2009 MLD 526 distinguished. Abu Dhabi Medical Devices Co. L.L.C v. Federation of Pakistan 2010 CLC 1253; Hajj Organizers Association of Pakistan v. Federation of Pakistan 2017 MLD 1616; Al-Tamash Medical Society v. Dr. Anwar Ye Bin Ju 2017 MLD 785; MTW Pak Assembling v. Shahzad Riaz Industries (Pvt.) Ltd. 2017 CLC 1140; Sayyid Yousaf Husain Shirazi v. Pakistan Defence Officers' Housing Authority 2010 MLD 1267; Shahzad Trade Links v. MTW Pak Assembling Industries (Pvt.) Ltd. 2016 CLC 83 and Roche Pakistan Limited v. Pakistan PLD 2018…

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