Law:

Section:

(a) Contract Act (IX of 1872)-------Ss. 2(h) & 166---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Contractual obligations---Contractual obligations could not be subject matter of Constitutional jurisdiction of High Court---Matters regarding enforcement of contractual obligations would involve factual enquiries and require evidence and such exercise was not subject-matter of Constitutional jurisdiction---Best forum to determine factual controversy was Court of original civil jurisdiction. (b) Contract Act (IX of 1872)--- ----S. 166---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Sealing of entire factory for non-payment of loan amount by Deputy Commissioner---Validity---No clause in "agreement of loan" providing for sealing of entire factory in default of payment of instalments by petitioner---Not only pledged goods but many other items which had no nexus in transaction had been sealed by Administrative Authorities---Non-payment of loan amount in instalments would not vest Deputy Commissioner with authority of sealing entire factory---Respondent (Bank) although had legal authority to realize its loan by taking into possession pledged goods but all such actions had to be done in accordance with law following prescribed procedure and not by adopting sheer force at the hands of Deputy Commissioner---Sealing of entire factory was mala fide on the part of Local Authorities of Bank and Deputy Commissioner---Such action of sealing of entire factory was declared to be without lawful authority and of no legal effect---Factory was directed to be handed over to petitioner without any further delay---Such order, however, would not debar respondent (Bank) from its genuine claim of recovery of loan in accordance with law. JUDGMENT AMIR-UL-MULK MENGAL, C.J.---This Constitutional petition arises out of the following facts: 1. The petitioner is a private limited company registered with Registrar of Firms, Quetta. It runs Trade business under the name and style or Mehran Industries (Pvt.) Limited, Quetta. The firm has installed a Ghee Mills at Quetta Industrial and Trading Estate at Eastern Bye Pass, Quetta. Petitioner firm…

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