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Civil Procedure Code (V of 1908)-------O. XXXI, r. 1-Temporary injunction-Lower Court not found to have misused discretion in refusing injunction-Order not interfered with by Supreme Court­ Suit for declaration that surcharge levied under Cement Surcharge Ordinance (XLVII of 1961), was illegal-Temporary injunction restraining Government from recovery would be hit by provisions of S. 56(d), Speck Relief Act, 1877-Specific Relief Act (I of 1877), S. 56(d)-Cement (Surcharge) Ordinance (A VII of 1961). Raza kazim, Advocate Supreme Court instructed by Masud Akhtar, Attorney for Petitioner. Nemo for Respondent. Date of hearing : 9th June 1969. JUDGMENT SAJJAD AHMAD, J.--This petition for special leave to appeal arises out of a prayer for a temporary injunction in a civil suit which the petitioner-company has filed in the Court of the Senior Civil Judge, Rawalpindi, for a declaration that the surcharge levied at the petitioner at Rs. 7 per ton for production of cement under the Cement (Surcharge) Ordinance (Ordinance No. XLVII of 1961), (hereinafter described as the Ordinance), was illegal. The amount of the surcharge which is now in demand by the Government from the company is to the tune of Rs. 54,34,000 for which a prayer for temporary injunction was made to restrain the Government from its recovery. The Courts below have refused this injunction and this petition is directed against that refusal. In the beginning the company paid the disputed surcharge after it was included in the Schedule to the Ordinance by a notification dated the 14th of December 1965, thus making it liable for payment of the surcharge as a scheduled company under the Ordinance. Subsequently, the validity of the Ordinance and the levy of the surcharge were challenged by the petitioner ­company in a writ petition which, however, was withdrawn after it had been admitted to a full hearing. It is not necessary to examine the grounds on which the levy has been challenged as they are sub judice between the parties in the main suit. The trial Judge has refused the temporary injunction on the ground that no…

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