Case Details

Citation(s)
1998 SLG 1264 1998 SLD 1264 1998 SCMR 359
Supreme Court of Pakistan
Civil Petitions Nos.249-L and 278-L of 1997, decision dated: 14-03-1997
ZIA MAHMOOD MIRZA AND KHALIL-UR-REHMAN KHAN, JJ

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Messrs S.S. OIL MILLS LTD.

VS

PAKISTAN OIL SEED DEVELOPMENT BOARD and others

Law:

Section:

Supreme Court Rules, 1980--O.XXXIII, R. 6---Constitution of Pakistan (1973), Arts. 187 & 185(3)--­Petitioner had advanced specified amount to respondent (Board) for purchasing Soyabeen imported by Government---Claim of petitioner in Courts below was that his company was entitled to receive 6000 tons of Soyabean for which, according to it, agreement had taken place between the parties---Petitioner's application for temporary injunction had been turned down by Courts below---During course of arguments, on petition for leave to appeal, petitioner's offer that he would be satisfied if it was delivered Soyabean worth that specified amount which it had already deposited with respondent and that he was also ready to discharge its other liability towards, respondent in mutual interest of parties, was accepted by Supreme Court---Consent of respondent was also obtained---Petition for leave to appeal was converted into appeal and offer of petitioner was accepted---Chief Executive of petitioner (Company) was made conscious of consequences which would flow in case of breach of such undertaking---Any difference in matter of calculation of price of imported goods would not be made basis of non-compliance of terms of offer. Ch. Mushtaq Ahmad Khan, Senior Advocate Supreme Court with Abul Aasim Jafri, Advocate-on-Record for Petitioner. Saeed A. Zaffar, Deputy Attorney-General for Respondents. Date of hearing: 14th March, 1997. ORDER ZIA MAHMOOD MIRZA, J.---Messrs S.S. Oil Mills Ltd. petitioner feeling aggrieved of an order of a learned Judge of Lahore High Court dated 23-2-1997 dismissing their application for temporary injunction has approached this Court through these two petitions for leave to appeal (C.Ps. 249-L and 278-L of 1997). During the course of hearing of these petitions, it transpired that the petitioner had advanced a sum of Rs.95,16,000 to the respondent-Board for purchasing Soyabean imported by the Government under PLS 480 and also handed over to the Board 90,000 empty bags for packing Soyabean value whereof is stated to be Rs.25,00,000. Claim of the petitioner in the Courts below was that the Company was entitled to receive 6000 tons of Soyabean for which…
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