Case Details

Citation(s)
1981 SLG 202 1981 SLD 202 1981 SCMR 205
Supreme Court of Pakistan
Civil Petition No. 22-R of 1980, deckled on 25-06-1980.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 27-11-1979 in W. P. No. 7178 of 1979)
ANWARUL HAQ, C.J AND FAKHRUDDIN G. EBRAHIM, J
Khawaja Muhammad Farooq, Advocate instructed by Ch.Akhtar Ali, Advocate-on-Record for Petitioner.. Nemo for
Respondents.

SARHAD FLOUR MILLS LTD.

VS

PUNJAB FLOUR MILLING CORPORATION AND others

Law:

Section:

Constitution of Pakistan (1973)---Art. 199 read with Civil Procedure Code (V of 1908), S. 151­ Contention that High Court should have granted stay order on security and not on Bank guarantee-Grant of interim relief being discretionary with High Court, terms imposed by High Court, held, neither unreasonable nor arbitrary, hence, not liable to be interfered with.-[Injunction] ORDER ANWARUL HAQ, C. J.-This petition :s barred by 6 days but the delay is condoned for the reasons given in the relevant application, subject to all just exceptions. The petitioner is aggrieved by an interim order made by a learned Judge of the Lahore High Court on the 27th of November, 197x, directing that the realisation of a certain sum of money from the petitioner shall be stayed during the pendency of its writ petition provided it furnishes a Bank guarantee in terms of an order made by the Court earlier on the 10th of November, 1979. The Sarhad Flour Mills limited was nationalised under the provisions of the Flour Milling Control and Development Act, 1976, but no compensation was paid. In September, 1977, the Mill was denationalised under section 3 of the Flour Milling (Repeal) Ordinance of 1977. The petitioner received a notice from the respondent-Corporation for the payment of Rs. 2,68,072 on account of present valuation under the relevant provisions of law, to which the petitioner objected and asked for the necessary record like the balance-sheet etc. This request was not complied with and…
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