Law: Civil Procedure Code (V of 1908)

Section: 1 , 2

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr.l & 2---Interim relief, grant of  Points to be considered-- For granting interim relief, fact that applicant seeking interim relief had prima facie an arguable case, by itself was not sufficient for grant of interim relief-- Court while granting interim relief should have adverted to other factors also while deciding question of interim relief, namely, balance of convenience, and irreparable loss  Order granting interim relief without adverting to questions of irreparable loss and balance of convenience, being not in accordance with law, was not sustainable. United Bank Limited and others v. Ahsan Akhtar and others 1998 SCMR 68 ref. Raja Muhammad Akram, Attorney for Regional Chief Executive and Muhammad Idrees Mughal, Advocate for Appellants. Raja Muhammad Hanif Khan for Respondents. Date of hearing: 4th March, 1998. JUDGMENT   BASHARAT AHMAD SHAIKH, J.--- This is an appeal from the order passed on 9th of December, 1997 by a learned Single Judge of the High Court whereby he, while admitting Writ Petition No.494 of 1997 filed by respondents Nos. l to 31, passed an interim order that orders of retrenchment passed in respect of the writ petitioners be kept in abeyance till disposal of the writ petition. Brief facts forming background of the present litigation are that United Bank Limited has been suffering losses for the last many years and it is claimed that the losses were progressively increasing. One of the factors for the losses was high number of senior officers and excessive burden incurred on large number of branches which were running in losses. After a long exercise conducted by the experts it was decided to retrench a large number of officers and also to close a good number of branches. Consequently, more than five thousand officers were displaced from service but under a Golden Handshake Package which provided for compensation for the loss of income due to premature retirement. It is claimed by the Bank that the Package has been worked out in such a way that if the retrenched officers invest the money given to them they will receive income varying from 74 per cent. to 138 per cent.…