Case Details

Citation(s)
2001 SLG 2829 2001 SLD 2829 2001 PLD 147
Sindh High Court
Suit No. 1334 and Civil Miscellaneous Application No. 7207 of 2001, decided on 26th November, 2001.
ANWAR ZAHEER, JAMAH, J
Farogh Nasim for Plaintiff. Zis-ud-Din Nasir for Defendants Nos. 1 and 2. Amjad Hussain for Defendant No. 3.

ALRAHIM TRADING CO. (PVT.) LTD. Through Chief Executive--Plaintiff

VS

PAKISTAN through Ministry of Petroleum and Natural Resources, Islamabad court and 2 others----Defendants

Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42, 54 & 56(d)---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Interim injunction, grant of---Interference in public duties---Plaintiff entered into agreement for storage and handling of fuel oil with one of the defendants who had obtained no objection certificate from the Authorities to the proposed import of furnace oil---Plaintiff, on the basis of the agreement had made heavy expenditure for handling of furnace oil of the defendant--­-Authorities, subsequently withdrew their no objection extended to the defendant resultantly the defendant had terminated the agreement with the plaintiff ---Plaintiff, in the present case, had assailed the act of the Authorities as well as of the defendant---Validity---By entering into agreement with the defendant and on account of subsequent withdrawal of permission/no objection by the Authorities and alleged illegal termination of agreement, if the plaintiff had suffered any damages/financial losses then in terms of the agreement the plaintiff could only agitate their claim against the defendant and the Authorities could not be forced to abide by the terms and conditions of such agreement which was no more alive---Where the permission/no objection in favour of defendant for import of furnace oil had been withdrawn, grant of interim injunction would be barred under S.56(d) of the Specific Relief Act, 1877, as the interim order might disturb the smooth functioning and agreements of the Authorities regarding supply of fuel oil in the country---Plaintiff having failed to make out a prima facie case for grant of interim relief, application was dismissed in circumstances. PLD 1969 SC 407; 1986 SCMR 916; 1986 SCMR 1917; PLD 1987 Kar. 63; 2001 PTD 1829; 1998 SCMR 376; PLD 1998 Kar. 373; 1998 CLC 760; PLD 1973 Pesh. 95; 1998 MLD 234 and 1997 MLD 2983 ref. ORDER By this order I intend to dispose of listed C.M.A. No.7207 of 2001, which is an application under Order XXXIX, Rules 1 and 2 read with section 151, C.P.C. moved by the plaintiff, seeking following interim relief in the matter: "be pleased to restrain the defendants, their agents, officers from interfering with the…
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