Law: Pakistan Telecommunication (Re-organization) Act, 1996

Section: 7

Law: Civil Procedure Code (V of 1908)

Section: 9,1,2

Law: Specific Relief Act, 1877

Section: 42,54

Pakistan Telecommunication (Re-organization) Act (XVII of 1996)--- ----S.7---Civil Procedure Code (V of 1908), S.9, O.XXXIX, Rr. 1, 2---Specific Relief Act (I of 1877), Ss. 42, 54---Suit for declaration and injunction---Interim injunction, refusal of---Prima facie case and balance of convenience---Proof---Right of appeal, non-availing of---Plaintiff company was awarded License to Establish, Maintain and Operate as Third Party Service Provider for financial and applications in Pakistan---Plaintiff company assailed commercial launching of Assan Mobile Account Scheme by the defendant---Validity---Any decision of Pakistan Telecommunication Authority (Authority) defendant in respect of certificate of commencement of business was appealable under S.7 of Pakistan Telecommunication (Re-organization) Act, 1996, even then suit could be filed before High Court in presence of such exclusive remedy---Alternate remedy of appeal was available to aggrieved party which could lie against decision or order of the Authority---Civil Court under S.9, C.P.C. had jurisdiction to entertain any suit in relation to any civil matter except when the same was expressly or impliedly barred by law---Civil Court to examine orders passed by Authority could not be ousted if action itself was tainted with mala fide---High Court had jurisdiction to examine orders of an authority as valid or not---Plaintiff had no connection with defendant nor any of…

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