Law: Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)

Section:

Mala fide--Contention was that actions of public functionaries including awarding of contract to the highest bidder, were mala fide and the entire process in the said direction was not transparent---Record did not demonstrate that in fact the public functionaries, while initiating, processing and awarding contract acted. in a mala fide manner---No document was available on record which could tend to show that the actions of the public functionaries were tainted with malice or the process starting from the invitation of tenders till award of contract was either mala fide or non-transparent---Simply to level vague and unsubstantiated allegation of mala fide on the part of the public functionaries did not advance the case of mala fide; it was very easy for a litigant to allege mala fide but was very difficult to prove the same---Allegation of mala fides required proof of a high order and the burden of proof lay on the person who made it---Principles. Federation of Pakistan v. Saeed Ahmed PLD 1974 SC 151; Shabbir Hussain v. Registrar, Lahore High Court PLD 2004 SC 191 and Hazara `(Hill Tract) Improvement Trust v. Qaisara Elahi 2005 SCMR 678 fol. Muhammad Afzal v. Shahzad Dar 2003 SCMR 280; Ittehad Cargo Service v. Syed Tasneem Hussain Naqvi PLD 2001 SC 116; Air Support Service v. Airport Manager 1998 SCMR 2268; Pacific Multinational (Pvt.) Ltd. v. I.-G. of Police PLD 1992 Kar. 283; Riaz Ahmed v. Regional Transport Authority 1992 MLD 1882 and Petrosin Products Pak. (Pvt.) Ltd. v. Federation of Pakistan 2001 CLC 820 ref. JUDGMENT MIAN HAMID FAROOQ, J.---Afzal Motors Company (Pvt.) Limited, the petitioners, seek leave to appeal against short order dated 12-8-2008, followed by the reasoned order dated 25-8-2008, whereby the learned Division Bench of the High Court of Sindh at Karachi dismissed their constitutional petition C.P.No.D-1142 of 2008 in limine. 2. Respondent No.3 invited sealed bids, through advertisement in the newspapers, inter alia, for supply of 25 buses Item No.9 for the Sindh Police Department, to be entered by 15th of March, 2008 containing separately financial and technical proposals. Pursuant thereto, the petitioners and respondents Nos.4 to 6…

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