| Citation(s) |
|---|
| 2004 SLG 1093 2004 SLD 1093 2004 SCMR 1092 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.2164 of 2002, decided, on 9-04-2004, hearing DATE : 18-03-2004.(On appeal from the judgment, dated 30-9-2002 of the High Court of Sindh, Karachi passed in H.C.A. No.34 of 2001)
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ
Ch. Aitzaz Ahsan, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nasir Saeed Sheikh, Standing Counsel, M. Abbas Mirza, Advocate Supreme Court and Muhammad Akram, Advocate-on-Record for
Respondent No. 1. Syed Qal
Civil Petition for Leave to Appeal No.2164 of 2002, decided, on 9-04-2004, hearing DATE : 18-03-2004.(On appeal from the judgment, dated 30-9-2002 of the High Court of Sindh, Karachi passed in H.C.A. No.34 of 2001)
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ
Ch. Aitzaz Ahsan, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nasir Saeed Sheikh, Standing Counsel, M. Abbas Mirza, Advocate Supreme Court and Muhammad Akram, Advocate-on-Record for
Respondent No. 1. Syed Qal
PURI TERMINAL LTD.
VS
GOVERNMENT OF PAKISTAN through Secretary, Ministry of Communications and Railways, Islamabad and 2 others
Law:
Section:
(a) Civil Procedure Code (V of 1908)---O. XXXIX, Rr. 1 & 2---Interim injunction, grant of---Principles--¬Injunction is a form of equitable relief and is to be issued in aid of equity and justice but not in aid of injustice---For grant of such relief, it is mandatory not only to establish that petitioner has a prima facie case, but also that balance of convenience is on his side and that he would suffer irreparable injury/loss unless he is protected during the pendency of suit. (b) Specific Relief Act (I of 1877)----- ----S. 56(i)---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2--¬Constitution of Pakistan (1973), Art. 185(3)---Interim injunction, grant of---Other equitable relief, availability of---Plaintiff also claimed compensation/damages as an alternative relief in suit---Effect---No injunction could be granted under S.56(i) of Specific Relief Act, 1877--¬Two Courts below after examining material before them had come to the conclusion that prima facie case was not established and balance of convenience was also not in favour of the plaintiff---Both the Courts below had rightly declined to grant the interim injunction---Supreme Court refused, to grant interim injunction to the plaintiff---Leave was refused. Gohar Rehman and others v. Liaqat Ali and others 1991 SCMR 305 fol. Messrs Pacific Multinational (Pvt.) Ltd. v. Inspector General of Police, Sindh Police Headquarters and 2 others PLD 1992 Kar. 283; Javed Hotel (Pvt.) Ltd. v. Capital Development Authority, Islamabad through Chairman and another PLD 1994 Lah. 315 and Messrs Arif Builders and Developers v. Government of Pakistan and 4 others PLD 1997 Kar. 627 ref. JUDGMENT ABDUL HAMEED DOGAR, J.---This petition for leave to appeal is directed against the order, dated 30-9-2002 passed in High Court Appeal No.34 of 2002 by a learned Division Bench of High Court of Sindh, Karachi, whereby order, dated 16-1-2002 passed in C.M.A. No. 8190 of 2001 by a learned Single Judge in Suit No. 1489 of 2001 refusing to grant ad interim injunction was maintained. 2. The facts leading to the filing of the instant petition are that the petitioner is a limited company and operates a Terminal at Port Qasim for…
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