Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Contract Act (IX of 1872), S. 2(h)---Scope---Contractual liability---Enforcement of contractual obligations sought to be enforced through Constitutional jurisdiction---Competency---Commercial deal between parties was effected through contract---Respondent (Sugar Mill) was neither Department of Federal or Provincial Government nor it was corporate body acting under any statute or performing function in, connection with the affairs of any of the Governments---Respondent being commercial company had right to enter into contract in its individual capacity or to revoke the same in interest of business subject to law of the land---Efficacious and appropriate remedy would be available to petitioner in Court of preliminary civil jurisdiction, if contract in question was breached or violated---Contract between private persons would not be enforced through Constitutional jurisdiction of High Court---Constitutional petition was not maintainable in circumstances. 1996 CLC 182; 1993 MLD 1011; 1994 CLC 848 and 1994 SCMR 958 ref. (b) Contempt of Court Act (LXIV of 1976)--- ----S. 3---Constitution of Pakistan (1973), Art. 204---Contempt of Court--­Notice of contempt of Court issued to respondents---Effect---Stay order was issued by High Court on application of petitioner whereby respondents were directed to continue to proceed but strictly in accordance with law---Respondent (S.H.O.) had submitted in his comments that criminal case had already been registered on the complaint of petitioner and that investigation was already in progress---Respondent having taken action in accordance with law, there had been no violation of Court's order---Notice of contempt issued to such respondent thus was recalled---Other respondents, had claimed that they did nor commit any contempt of Court and had in fact stopped the ongoing project to receipt of Court's order---No exception could be taken to such submission made by respondents in writing---Respondents were, thus, not liable to contempt of Court---Notice issued to respondents was recalled in circumstances. ORDER This order will dispose of the main writ petition as well as miscellaneous…

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