Law:

Section:

Specific Relief Act (I of 1877)--S. 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2--­Constitution of Pakistan (1973), Art. 185(3)---Suit for damages and permanent injunction---Interim relief, grant of---Petitioner-Company obtained contract for installation of transmission network and Authority in terms of transmission policy issued two letters of intent and two letters of support, containing basic undertaking between the parties for designing, financing, etc. and in terms of agreement arrived at between the parties, Bank guarantee was supplied by petitioner-Company---Petitioner-Company having failed to perform its obligation in terms of letters of support and to take essential steps for performance of contract, Authority declared petitioner-Company as defaulter and proceeded with encashment of Bank guarantee supplied by petitioner---Petitioner company filed suit for permanent injunction against encashment of guarantee and filed application for interim relief alongwith said suit---Entitlement -Bank guarantee, as per terms of guarantee, was independent and encashable without reference to petitioner-Company and it was also provided that beneficiary/Authority at its own discretion and decision, could demand payment from guarantor/Bank amount of Bank guarantee without reference to petitioner Company and that decision of beneficiary as to petitioner-Company/sponsor's default, delay or failure in performance of its obligations, would be final and unquestionable---High Court had rightly found that guarantor had bounded itself to pay amount of guarantee upon service of notice without recourse or reference to sponsor/petitioner-Company or any other person and that neither prima facie case was made out nor there -was balance of convenience in favour of petitioner---Petition for leave to appeal was dismissed in circumstances. ORDER KHALIL-UR-REHMAN KHAN, J---National Grid Company PLc through Mr. H.R. Zuberi its authorized representative in Pakistan seeks leave to appeal against the judgment dated 2-10-1998 of the Lahore High Court, Lahore, whereby the appeal of the petitioner/Company against the order of the learned Civil Judge dated 25-5-1998 rejecting the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492