Law:

Section:

Civil Procedure Code (V of 1908)-----OXXXIX, Rr.1&2 and S.151---Interim injunction---Petitioners were restrained to dispose of their tools, plants and machinery etc. without prior permission of Court---Order of restraint was affirmed by the High Court---Leave to appeal--­Petitioner's plea was that property on which embargo was placed by Trial Court was not the subject-matter of suit---Record showed that no check was placed on petitioner to use and have full control over the tools, plants and machinery and if same became unserviceable, Court on request of petitioners would allow them to dispose it of, with a view to ensuring the payment of amount due to respondents in case of success of suit, and thus Court could take any step in this regard though properly on which the restraint so made was rot the subject-matter of suit---High Court, thus, rightly acted in its inherent powers by affirming decision of Trial Court---Leave to Appeal was refused. ORDER S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioners against the order of the Lahore High Court dated 7-10-1989, whereby FA.O. of the petitioner was dismissed. The petitioners herein were contractors who were awarded the contract of civil work of construction of the State Bank of Pakistan building on Shahrah-e­Quaid-e-Azam, Lahore. As the petitioners could not complete the construction work in the stipulated period but on their request they were granted extension for completion of their work. They have also made a request for some cash payment to be made to them by the respondent which was not acceded to. As for some reasons the petitioner could not carry out the contract hence the respondents filed a suit for the recovery, as per condition of contract, made the contractors liable to pay the compensation to the tune of Rs.2,85,59,842.11 as damages for the unfinished work, also moved an application against the…

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