| Citation(s) |
|---|
| 2026 SLG 4587 = 2026 SLD 4587 = 2026 PLJ 48 |
Lahore High Court
C.R. No. 98927 of 2017
Presented By: Ch. Sultan Mahmood JUDGE
Hafiz Shahzad Ahmad Cheema, Advocate for Petitioners. Ch. Muhammad Imran Bhatti, Advocate for
Respondent. Date of hearing: 15.10.2025.
C.R. No. 98927 of 2017
Presented By: Ch. Sultan Mahmood JUDGE
Hafiz Shahzad Ahmad Cheema, Advocate for Petitioners. Ch. Muhammad Imran Bhatti, Advocate for
Respondent. Date of hearing: 15.10.2025.
ASSISTANT MANAGER OPERATION (S.D.O.),FESCO, etc.--Petitioners
VERSUS
M/s. TAYYAB TEXTILE MILLS (LTD) FAISALABAD--Respondent
Law: Specific Relief Act, 1877
Section: 42 , 54
Specific Relief Act, 1877 (I of 1877)-- ----Ss. 42 & 54--Suit for declaration--Decree--Appeals--Dismissed--Electricity dues/demand notice--Internal audit objection--Evidentiary value--Internal audit report--Status--Audit report being an internal matter between authority and its department--No binding effect on consumer--Cannot create enforceable liability--Electricity bills/supplementary demand--Audit objection--Without statutory backing or contractual clause--Show cause notice--Opportunity of hearing--Concurrent findings--It was an admitted position on record that petitioners issued demands solely on basis of audit notes and no specific clause existed in agreement between consumer and power distribution company (FESCO) authorizing recovery of any amount on strength of such internal audit observations--An internal audit report, being a matter exclusively between authority and its audit department, could not form basis of enforceable liability against a consumer--Such audit objections could not, in themselves, create a financial obligation, nor could they be treated as binding or conclusive upon a third party not privy to them, particularly consumer--Disputed notices were issued without adherence to principles of natural justice, no show cause notices or personal hearings were afforded prior to raising demand, rendering entire process procedurally flawed--Petitioners had failed to refer to any statutory provision or binding contractual term that could legally justify impugned demands--Impugned demands lacked support either in law or under governing contractual framework--Petition dismissed. [Para 6, 7, 8 & 10] A, B, C & D Hafiz Shahzad Ahmad Cheema, Advocate for Petitioners. Ch. Muhammad Imran Bhatti, Advocate for Respondent. Date of hearing: 15.10.2025. Order This consolidated order shall decide the captioned revision petition and the connected Civil Revision No. 98923 of 2017, as both assail identical judgments and decrees. 2. Brief facts of the case are that the respondent/plaintiff filed two separate civil suits before the learned Senior Civil Judge, Faisalabad,…