Law:

Section:

(a) Specific Relief Act (I of 1877)------Ss. 42 & 54---Public Procurement Regulatory Authority Rules, 2004---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for declaration and permanent injunction---Catering contract, award of---Plaintiff's plea that Pakistan International Airlines Corporation had awarded such contract to defendant without floating tenders in electronic and print media whereby plaintiff had been deprived of an opportunity of fair competition through tendering process---Plaintiff's application under O.XXXIX, Rr.1 & 2, C.P.C., to restrain Airlines Corporation from acting upon such contract---Trial Court dismissed such application, while Appellate Court suspended operation of letter of intent---Validity---Questions as to whether plaintiff was informed of bidding process or not and whether Airlines Corporation had violated Public Procurement Regulatory Authority Rules, 2004 or not, would be determined after recording pro and contra evidence of parties----Granting of stay order would amount to grant of full relief as sought in the suit---Total relief could not be granted in garb of interim relief---Airlines Corporation could not make out a prima facie case and satisfy other essential ingredients for issuance of interim injunction---High Court set aside impugned order and restored that of Trial Court with directions to decide suit within specified period. Tauseef Corporation Private Limited v. Lahore Development Authority and others 2002 SCMR 1269; Oil and Gas Development Corporation v. Lt.Col. Shujauddin Ahmad PLD 1970 Kar. 332 and Shah Jehan v. Fazlur Rehman (2001 CLC 1695 rel. (b) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for declaration and permanent injunction---Interim injunction, relief of---Scope---Total relief could not be granted in garb of such relief. Qazi Jawed Ehsanullah for Petitioner. Alam Zeb and Abdul Zakir Tareen for Respondents. Date of hearing: 8th September, 2011. JUDGMENT MIAN FASIH-UL-MULK, J.--- By this judgment I propose to dispose of Civil Revisions Nos.998 and 1053 of 2011 as common questions of law and facts are involved…

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