Law: Public Procurement Regulatory Authority (Amendment) Ordinance, 2020

Section: 19

Law: Civil Procedure Code (V of 1908)

Section: 1,2

Law: Specific Relief Act, 1877

Section: 42,54

Public Procurement Rules, 2004--- ----R. 19---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Interim injunction, refusal of---Weight of steel---Term "as is and where is basis"---Applicablity---Plaintiff/bidder failed to deposit bid amount in favour of defendant/Port Qasim Authority, in relation to auctioned crafts---Plaintiff in anticipation of action under the provision of R. 19 of Public Procurement Rules, 2004 and forfeiture of security bond sought stay of proceedings---Validity---Bidding document was not a complicated document or a document which required interpretation---Tug/craft was to be weighed on "as is where is basis" and there was no way that the crafts/tugs could be weighed in a way that steel and other part/components of ship should be segregated first---Plaintiff/bidder was not able to make out a prima facie case in its favour and balance of inconvenience was also not in its favour whereas irreparable loss would be suffered by defendant/Authority in case injunction as prayed was granted, as entire process in respect of subject vessels would become standstill---Application was dismissed, in circumstances. Muhammad Saeed v. State Life Insurance Corporation 2023 PLC (C.S.) 849 and Universal Insurance Company v. Karim Gul 2021 CLD 1189 ref. ORDER MUHAMMAD SHAFI SIDDIQUI, J.---This suit seeks a declaration that the impugned notice dated 16.12.2021 issued by Port Qasim Authority to the plaintiff who has failed to deposit the bid amount of Rs.100,056,000/- (One Hundred million fifty six thousand only) in favour of Port Qasim Authority, in relation to auctioned crafts (i) M.T. Chara and (ii) M.T. Gharo. Plaintiff in anticipation of an action under PPRA Rules, 2004 (Rule-19) and forfeiture of security bond of the bidder/plaintiff filed this suit along with listed injunction application, which was heard and is being decided. Brief facts are that the defendant No.1 issued an invitation to tender on 02.10.2021 thereby inviting bids/offers from interested firms for auction of six vessels/crafts, which the defendant considered to have reached beyond economical…

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