1989SCMR955 (PLP)
GOVERNMENT OF PAKISTAN — Petitioner Versus HABIB OIL LTD. and others — Respondents
| Citation | 1989SCMR955 (PLP) |
| Forum / Court | High Court |
| Bench Members | Abdul Qadir Shaikh arid Zaffar Hussain Mirza, JJ |
| Parties | GOVERNMENT OF PAKISTAN — Petitioner Versus HABIB OIL LTD. and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989SCMR955 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR955 (PLP)?
The case was heard and decided by the High Court bench comprising: Abdul Qadir Shaikh arid Zaffar Hussain Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR955 (PLP) (GOVERNMENT OF PAKISTAN — Petitioner Versus HABIB OIL LTD. and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Imam Ali G. Kazi, Dy. A.G. and Akhlaq Ahmed Siddiqi, Advocate-on Record for Petitioner (in all Petitions).
- Date of hearing: 3rd March, 1988.
- Imam Ali G. Kazi, Dy. A.G. and Akhlaq Ahmed Siddiqi, Advocate‑on Record for Petitioner (in all Petitions).
- Jan Muhammad Dawood, Advocate Supreme Court and A. Aziz Dastgir, Advocate‑on‑Record for the Caveators (in C.Ps.62‑K to 65‑K/88, 70‑K, 83‑K and 85‑K of 1988).
- Fakhruddin G. Ebrahim, Senior Advocate Supreme Court, S. Anwar Ali, Advocate‑on‑Record and Majida Razvi, Advocate‑on‑Record for the Caveators (in C.Ps.66‑K, 67‑K, 76‑K and 78‑K of 1988).
- Khalid Anwar, Advocate Supreme Court and Majida Razvi, Advocate on‑Record for the Caveators (in C.Ps. 67‑K, 76‑K and 78‑K of 1988).
Headnotes / Summary
Art.185(3)--Interim relief--Judgment of High Court impugned by Government was passed following law laid down by Supreme Court m 1986 SCMR 1917- Review petition filed against that judgment of Supreme Court barred by time-- Interim relief sought by petitioner not allowed. Al-Samrez Enterprise v. Pakistan 1986 S C M R 1917 ref. Jan Muhammad Dawood, Advocate Supreme Court and A. Aziz Dastgir, Advocate-on-Record for the Caveators (in C.Ps.62-K to 65-K/88, 70-K, 83-K and 85-K of 1988). Fakhruddin G. Ebrahim, Senior Advocate Supreme Court, S. Anwar Ali, Advocate-on-Record and Majida Razvi, Advocate-on-Record for the Caveators (in C.Ps.66-K, 67-K, 76-K and 78-K of 1988). Khalid Anwar, Advocate Supreme Court and Majida Razvi, Advocate on-Record for the Caveators (in C.Ps. 67-K, 76-K and 78-K of 1988).
Judgment & Decree
ABDUL QADIR SHAIKH, J.‑‑High Court of Sind by the impugned judgment has followed the law laid down by this Court in the case of Al‑Samrez Enterprise v. Pakistan (1986 SCMR 1917) which according to learned Deputy Attorney‑General who appears in support of the petitioner is squarely applicable on the facts of the cases. Learned Deputy Attorney‑General however submits that the petitioner has filed a review petition against the aforesaid judgment which is pending in this Court. But we find that the review petition is time‑barred by 352 days. After hearing the learned counsel for the parties we do not find valid ground for granting the request for interim relief in the terms prayed for, but, in order to safeguard the interest of the Government revenue, we by consent of the learned counsel for the parties direct that the Bank Guarantees furnished by respondents shall remain operative until the same are replaced by personal bonds in the same amounts to be executed before the Nazir of the High Court. This order will remain in force till the main petitions are decided. It is clarified that on the execution of the personal bonds as directed above, the Bank Guarantees executed by the respondents shall be returned to them.