| Citation(s) |
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| 2026 SLG 4221 = 2026 SLD 4221 |
F.A.O. No. 206-P/2025
Presented By: (MUHAMMAD FAHEEM WALI) JUDGE
Date of hearing: 21.01.2026 APPELLANT: M/s. Shah Medicos, Mateen Medical Centre near KTH Peshawar through its proprietor Syed Wajid Ali Shah THROUGH Mr. Aamir Javed, Advocate. RESPONDENTS: Government of Khyber Pakhtunkhwa through its Chief Secretary) By Mr. Yasir Khalid, Additional Advocate General, (Medical Teaching Institution KTH/KMC/KCD Peshawar & 02 others THROUGH Mr. Asif Yousafzai, Advocate.
M/s. Shah Medicos, Mateen Medical Centre near KTH Peshawar through its proprietor Syed Wajid Ali Shah
VS
. Government of Khyber Pakhtunkhwa through its Chief Secretary)
Law: Code Of Civil Procedure, 1908.
Section: 9, 10
Law: Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015 ("MTI Act")
Section: 2(g-i), 16(8), 16-A
Law: Constitution of Pakistan 1973
Section: 212, 199
Case Summary
The appellant, a licensed pharmaceutical supplier, had entered into a Rate Contract Agreement with a Medical Teaching Institution (MTI) for supply of medicines and allied items. Large amounts allegedly remained unpaid. The appellant therefore filed a civil suit seeking declaration, specific performance, permanent/mandatory injunctions and recovery of outstanding dues.
The trial court returned the plaint under Order VII Rule 10 CPC, holding that the dispute fell within the jurisdiction of the MTI Appellate Tribunal under Section 16-A of the Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015.
The High Court held that this approach was legally incorrect.