Law:

Section:

Constitution of Pakistan (1973)--Art. 204---Contempt of Court---Allegation of breach of Supreme Court order---Procedure for disposal for the vehicles imported under Yellow Cab Scheme had been clearly indicated in the order of Supreme Court under reference---Petitioners, if wanted to take delivery of the 141 vehicles, were required to pay the balance of the 90% price of these vehicles besides settling other dues mentioned in the said order of the Supreme Court, breach of which was alleged against the respondents---Record, however, did hot show that the petitioners offered to pay 90% balance price in addition to other dues and demurrage etc. in respect of the disputed 141 vehicles but respondents declined to accept the same and offer delivery thereof to the petitioners--­Said vehicles were re-exported out of Pakistan at the instance of the principal of petitioners as their balance price was not paid to them---Action on the part of Ministry of Commerce to have allowed re-export of the said vehicles, no doubt, was not in accordance with the of Supreme Court, but admittedly no effort was made by the concerned parties to make payment of the balance price of these vehicles in terms of the order of Supreme Court--­Keeping in view the fact that the supplier/principal of the petitioners could not wait indefinitely for payment of the balance price of these vehicles, re-­export thereof, in circumstances, could not be treated as breach of the Supreme Court's order---Even otherwise, petitioners themselves having confined their claim for damages arising out of export of these 141 vehicles, could not turn around now and ask for initiating contempt proceedings against the respondents---Petitioners having already lodged their claim for damages against the respondents in the appropriate Court, could not ask for initiation of contempt proceedings against the respondents on the same facts---Contempt application was dismissed accordingly. Aziz A. Munshi, Senior Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Petitioner. Raja Muhammad Akram, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Respondent. M. Bilal, Senior Advocate Supreme…

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