Law:

Section:

This is an application under Order 39, Rules I and 2, C.P.C. filed by the plaintiff M/s. International Cargo Handling Company (Pvt.) Limited praying for ad interim injunction restraining the defendant namely Port Bin Qasim Authority from interfering in any matter whatsoever with the plaintiff handling cargo of its principal i.e. M/s. Sea Trade Shipping Company and M/s. Emirate Saudi Shipping Company and the Director-General, Ministry of Food and Agriculture, Government of Pakistan or with any other principal of the plaintiff with whom the plaintiff may enter into contract during the currency of its registration i.e., 31-12-1992.

As per averments, the plaintiff has been pre-qualified by the defendant for handing cargo at Port Qasim of various Government Departments, semi? Government agencies and private parties since 1989. The pre-qualification is renewed every year. The plaintiff-company has also pre-qualified for the current year by the defendant vide, its letter dated 4-9-1991, in pursuance of which the plaintiff entered into contracts with M/s. Emirate Saudi Shipp9ing Company for handling general cargo and the Director-General, Ministry of Food and Agriculture, Government of Pakistan for handling wheat cargo. the plaintiff has also deposited an amount of Rs.25,000 as annual registration fees with the defendant. It is the general practice that as soon as the amount Of annual registration fees is deposited, the defendant would enter into a contract with the cargo handier but the defendant has failed to do so. The, plaintiff has incurred lot of expenses and liabilities. Presently two ships of M/s. Sea Trade Shipping Company have anchored outside, Port Qasim and the ships will be given berth within a day or two by the defendant and in case the plaintiff ?company is not allowed to handle the cargo of these ships, irreparable loss will be caused to it.