Case Details

Citation(s)
2026 SLG 1359 2026 SLD 1359 = 2026 SCP 55 = 2026 SCMR 1365
Supreme Court of Pakistan
Civil Review Petitions No. 669 to 728 of 2025 in Civil Appeals No. 458 to 499, 517, 550 to 563 & 568 to 570 of 2025 (For review of the judgment dated 18.09.2025, passed by this Court, in C.As.458 to 499, 517, 550 to 563 & 568 to 570 of 2025)
Presented By: Justice Shahid Bilal Hassan Justice Shakeel Ahmad
Mr Shehryar Kasuri, ASC (in CRPs Nov*715, 719-721, 723-725,; 726 �and 727/ 2025) Mr. Ali Sibtain Fazli, ASC, and Mr. Hasham Ahmed Khan, ASC (in CRPs No. 717 and 71 8/2025)

Competition Commission of Pakistan, ...Petitioner(s) through its Registrar (in all cases)

VERSUS

Mirpurkhas Sugar Mills Limited, Karachi (in C.R.P.669/2025 IN C.A.458/ 2025) Sindh Abadgar's Sugar Mills Limited, Karachi (in C.R.P.670/2025 IN C.A.459/ 2025) SGM Sugar Mills Limited, Karachi (in C.R.P.671/2025 IN C.A.460/ 2025) Sakrand Sugar Mills Limited, Karachi (in C.R.P.672/2025 IN C.A.461/2025) Al - Abbas Sugar Mills Limited, Karachi (in C.R.P.673/ 2025 IN C.A.462/ 2025) Al Noor Sugar Mills Limited, Karachi (in C.R.P.674/2025 IN C.A.463/ 2025) Army Welfare Sugar Mills Limited, Karachi (in C.R.P.675/ 2025 IN C.A.464/ 2025) Digri Sugar Mills Limited, Karachi (in C.R.P.676/ 2025 IN C.A.465/ 2025) Faran Sugar Mills Limited, Karachi (in C.R.P.677/ 2025 IN C.A.466/2025) Habib Sugar Mills Limited, Karachi (in C.R.P.678/ 2025 IN C.A.467/ 2025) Khairpur Sugar Mills Limited, Karachi (in C.R.P.679/ 2025 IN C.A.468/2025) Matiari Sugar Mills Limited, Karachi (in C.R.P.680/ 2025 IN C.A.469/ 2025) Ranipur Sugar Mills Limited, Karachi (in C.R.P.681/2025 IN C.A.470/ 2025) Sanghar Sugar Mills Limited, Karachi (in C.R.P.682/2025 IN C.A.471/2025) Shahmurad Sugar Mills Limited, Karachi (in C.R.P.683/ 2025 IN C.A.472/ 2025) New Dadu Sugar Mills Limited, Karachi (in C.R.P.684/2025 IN C.A.473/ 2025) Ansari Sugar Mills Limited, Hyderabad (in C.R.P.685/ 2025 IN C.A.474/ 2025) Khoski Sugar Mills Limited, Karachi (in C.R.P.686/ 2025 IN C.A.475/ 2025) Naudero Sugar Mills Limited, Karachi (in C.R.P.687/ 2025 IN C.A.476/ 2025) Larr Sugar Mills Limited, Karachi (in C.R.P.688/ 2025 IN C.A.477/2025) Mehran Sugar Mills Limited, Karachi (in C.R.P.689/2025 IN C.A.478/ 2025) Bawany Sugar Mills Limited, Karachi (in C.R.P.690/2025 IN C.A.479/ 2025) JDW Sugar Mills Limited (Unit-1), Lahore (in C.R.P.691/ 2025 IN C.A.480/ 2025) Ashraf Sugar Mills Limited, Lahore (in C.R.P.692/2025 IN C.A.481/2025) Etihad Sugar Mills Limited, Lahore (in C.R.P.693/2025 IN C.A.482/ 2025) Pakistan Sugar Mills Association (PSMA), Islamabad (in C.R.P.694/2025 IN C.A.483/2025) JDW Sugar Mills Limited (Unit-II), Lahore (in C.R.P.695/ 2025 IN C.A.484/ 2025) JDW Sugar Mills Limited (Unit-III), Lahore (in C.R.P.696/2025 IN C.A.485/ 2025) RYK Mills Limited, Lahore (in C.R.P.697/2025 IN C.A.486/ 2025) Indus Sugar Mills Limited, Lahore (in C.R.P.698/2025 IN C.A.487/ 2025) Sheikhoo Sugar Mills Limited, Lahore (in C.R.P.699/ 2025 IN C.A.488/ 2025) The Thal Industries Corporation Limited (Safina Sugar Mills), Lahore (in C.R.P.700/2025 IN C.A.489/2025) Noon Sugar Mills Limited, Lahore (in C.R.P.701/2025 IN C.A.490/2025) Al Moiz Industries Limited (Unit-1), Lahore (in C.R.P.702/ 2025 IN C.A.491/2025) Al Moiz Industries Limited (Unit-I]) (in C.R.P.703/ 2025 IN C.A.492/ 2025) The Thal Industries Corporation Limited (Layyah Sugar Mills), Lahore (in C.R.P.704/ 2025 IN C.A.493/ 2025) Baba Farid Sugar Mills Limited, Lahore ...Respondent

Law: Constitution of Pakistan, 1973

Section: 10-A

Law: Competition Act, 2010

Section: 24(5)

Summary The High Court dismissed civil review petitions challenging a prior judgment that partly upheld a Competition Appellate Tribunal's decision setting aside the Commission's Chairperson's casting vote in a split verdict under the Competition Act, 2010. The court condoned delays in filing (except one petition) but ruled the reviews unmaintainable, as they sought to alter a conscious remand to the Tribunal based on an alleged oral consensus during arguments—which was disputed, unrecorded in the judgment, and thus not an error apparent on the face of the record. Review jurisdiction is limited and cannot resolve factual disputes or re-argue merits. Core Points Condoned delay in filing review petitions (except CRP No. 669/2025) in the interest of justice. Impugned judgment (18.09.2025) partly allowed appeals by setting aside Tribunal's direction for remand to Commission and instead remanding to Tribunal afresh. Reviews sought change of remand forum based on alleged unrecorded consensus during arguments, denied by opponents. Review jurisdiction is narrow: limited to errors apparent on record, new evidence/law, overlooked statutory provisions, or analogous reasons; not for appeals in disguise, factual disputes, or differing views on merits. No consensus reflected in judgment; courts speak through written orders, not oral assertions; disputed facts cannot be probed in review. Remand to Tribunal was a deliberate judicial decision, not clerical error; reviews dismissed as unmaintainable. Law and Sections Law/Case Section/Principle Key Reference/Context Constitution of Pakistan Article 10-A Tribunal rightly set aside Chairperson's casting vote in quasi-judicial proceedings as violative of right to fair trial. Competition Act, 2010 Section 24(5) Invoked by Chairperson for casting vote to resolve split verdict (held invalid in adjudicatory matters). Board of Intermediate and Secondary Education, Lahore - Elaborates grounds for review (error apparent, new evidence/law, etc.). Bostan - Disputed facts/oral assertions irrelevant in review if not on record. Lt. Col. Nawabzada - Review only for overlooked obvious aspects, not erroneous conclusions.…
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