Law: Sindh Chief Court Rules (O.S.)

Section: 74

(a) Contract--- ----Performance guarantees"---Connotation---Legal status of such guarantee---Performance guarantees are independent contract and Bank Authorities must construe same independent of primary contract. National Construction Limited v. Aiwan-e-Iqbal Authority PLD 1994 SC 311 and Messrs Zeenat Brother (Pvt.) Limited v. Aiwan-e-Iqbal Authority and others PLD 1996 Kar. 183 ref. (b) Civil Procedure Code (V of 1908)--- ----0. XXXIX, Rr. 1 & 2---Interim injunction---Conditions precedent for grant of injunction---Scope---For the purpose of grant of interim injunction, it is imminent that besides prima facie case, exposure to irreparable injury must be shown, additionally a plaintiff is obliged to establish balance of convenience in favour of grant of injunction and for the purpose of interlocutory matters, affidavits alone, have to be considered. (c) Affidavit--- ---- Incorporating contents of documents and pleadings by reference, in affidavits filed in support of interlocutory applications disapproved. (d) Civil Procedure Code (V of 1908)-- ----O.XXXIX, Rr. 1 & 2---Interim injunction, grant of---Restraining the defendant from encashing Bank guarantee---Contention raised by the plaintiff was that due to unavoidable circumstances loan was not repaid in time to the defendant, -who was going to encash Bank guarantees executed in its favour---Validity---Plaintiff could always negotiate fresh terms with the guarantor or any other financing institution as were proposed to be negotiated with the defendant, who was not willing to negotiate any fresh term for extension of the facility granted to the plaintiff---Plaintiff had not even asserted in affidavit and pleadings that refusal of prayer of interim injunction would expose it to irreparable loss or that balance of convenience was in favour of grant of injunction---Plaintiff was neither entitled to grant of injunction on 'equitable ground nor on the ground of irreparable loss Application was dismissed accordingly. National Construction Limited v. Aiwan-e-Iqbal Authority PLD 1994 SC 311; M/s. Zeenat Brother (Pvt.) Limited v. Aiwan-e-Iqbal Authority and others PLD 1996 Kar. 183; Shahzada Muhammad Umer Beg v.…

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