| Citation(s) |
|---|
| 2023 SLG 1626 2023 CLC 1445 2023 SLD 1626 |
Balochistan High Court
R.F.As. Nos.37 to 39 of 2021 and Civil Miscellaneous Appeals Nos.49 and 50 of 2021, decided on 19th April, 2023.Date of hearing: 19th April, 2023.
Before Muhammad Hashim Khan Kakar and Shaukat Ali Rakhshani, JJ
Muhammad Riaz Ahmed and Bilal Ahmed for Appellant (in R.F.A. No.37 of 2021). Syed Ayaz Zahoor along with Makhdoom-ur-Rehman, Law Officer SSGCL for
Respondent (in R.F.A. No.37 of 2021). Rizwan Ali Soomro for Appellant (in R.F.A. No.38 of 2021). Syed Aya
R.F.As. Nos.37 to 39 of 2021 and Civil Miscellaneous Appeals Nos.49 and 50 of 2021, decided on 19th April, 2023.Date of hearing: 19th April, 2023.
Before Muhammad Hashim Khan Kakar and Shaukat Ali Rakhshani, JJ
Muhammad Riaz Ahmed and Bilal Ahmed for Appellant (in R.F.A. No.37 of 2021). Syed Ayaz Zahoor along with Makhdoom-ur-Rehman, Law Officer SSGCL for
Respondent (in R.F.A. No.37 of 2021). Rizwan Ali Soomro for Appellant (in R.F.A. No.38 of 2021). Syed Aya
Messrs R.L. PAPER BOARD MILLS through Managerand others----Appellants
VERSUS
Messrs SUI SOUTHERN GAS COMPANY LIMITED----Respondent
Law: Gas (Theft Control and Recovery) Act, (XI of 2016)
Section: 6(4),7(2),13
Gas (Theft Control and Recovery) Act (XI of 2016)--- ----Ss.6(4), 7(2), 13 Appendix B Form No.4---Gas Utility Court---Suit for recovery of amounts---Leave to defend the suit---Non-issuance of summons in Form No.4 of Appendix B---Effect---Factual controversies, scrutiny of---Appellants / consumers were aggrieved of dismissal of their leave to defend the suits resulting into and decree passed by Gas Utility Court in favour of respondent / authorities---Validity---On presentation of suit, notices were not issued in Form No. 4 of Appendix B as contemplated under Ss. 6(4) 7 (2) of Gas (Theft Control and Recovery) Act, 2016---From the very inception of the suit, proceedings were not initiated in accordance with the provisions of Gas (Theft Control and Recovery) Act, 2016---Several factual controversies regarding installation, removal of fake meters as well as mis-calculation of sum dues erupted---Such controversies needed to be scrutinized as the same could not be decided merely on the basis of pleadings or disputed documents---Factual controversies could only be resolved through evidence and such aspect was not dilated upon by Gas Utility Court making s and decrees in question as erroneous---High Court set aside s and decrees passed by Gas Utility Court as material question of law and facts remained unattended---High Court remanded the matter to Gas Utility Court for decision afresh---Appeal was allowed accordingly. JUDGMENT SHAUKAT ALI RAKHSHANI, J.---The appellants have brought before us the captioned appeals against the judgments and decrees dated 30.11.2021 rendered by District Judge- Gas Utility Court Lasbela at Hub (Gas Utility Court), whereby the suits filed under the Gas (Theft Control and Recovery) Act, 2016 (Act of 2016) by the respondents bearing No.01 /2017 for recovery of Rs.44,59,407/-, No.04/2019 for recovery of Rs.48,81,700/-, No.02/2019 for recovery of Rs.86,481,300/-, No.03/2017 for recovery of Rs.605,626/- and No.03/2019 for recovery of Rs.85,78,800/- were decreed in consequence of refusal of leave to defend. As the above appeals are knitted with almost similar thread of factual and legal controversies, therefore, the captioned appeals are being…
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