2013 PLP 63 (YLR)
Mrs. ABIDA RABIA HUSSAIN through Special Attorney — Petitioner Versus Messrs MARJAN CNG SERVICES (PVT.) LTD. and 3 others — Respondents
| Citation | 2013 PLP 63 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ijaz-ul-Ahsan, J |
| Parties | Mrs. ABIDA RABIA HUSSAIN through Special Attorney — Petitioner Versus Messrs MARJAN CNG SERVICES (PVT.) LTD. and 3 others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2013 PLP 63 (YLR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 63 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ijaz-ul-Ahsan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 63 (YLR) (Mrs. ABIDA RABIA HUSSAIN through Special Attorney — Petitioner Versus Messrs MARJAN CNG SERVICES (PVT.) LTD. and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Ishtiaq Ahmad for Petitioner.
- Mian Muhammad Hussain Chotiya for Respondents.
- Ahsan Sohail Anjum, Advocate.
Headnotes / Summary
O.XXXIX, Rr. 1 & 2 & S.115
Issuance of Commercial Licence
Plaintiff's application for maintenance of status quo over suit property was allowed by Trial Court but the same was dismissed by Appellate Court
Plaintiff contended that certain formalities regarding issuance of commercial licence to defendant over CNG station had not been completed by defendant and that OGRA be directed to submit report including the steps taken by it for issuance of licence to the defendant
Plaintiff travelled beyond the scope of civil revision, in which OGRA was not a party
Matters agitated did not relate to the facts in issue
Plaintiff, however, if aggrieved of any action on part of OGRA relating to issuance of licence would be at liberty to avail such remedies available under the law
Revision was dismissed, accordingly. Ahsan Sohail Anjum, Advocate. Aamir Nassat, Joint Executive Director, OGRA.
Judgment & Decree
IJAZ-UL-AHSAN, J.
Pursuant to order dated 26-5-2010, a representative of OGRA has appeared along with all necessary documents including a report submitted by Velosi Asset Integrity Limited. According to the representative of OGRA, the aforesaid company which had been employed to undertake inspection of the CNG Station belonging to the respondent has since submitted its inspection report. Certain deficiencies have been pointed out in the report, which according to the learned counsel for the respondent, have since removed. Nevertheless, the representative of OGRA points out that a fresh inspection would have to be undertaken and subject to a clear report by Velosi Asset Integrity Limited and fulfilment of all the legal and procedural formalities, OGRA may issue a license to the company to start commercial operations.
2. The learned counsel for the petitioner submits that certain formalities regarding issuance of commercial license have not been completed by the respondent. He, therefore, submits that OGRA be directed to submit a report including the steps taken by it leading to issuance of license.
3. I am afraid, the request of the learned counsel for the petitioner travels beyond the scope of the civil revision, in which OGRA is not a party. Further, the matters agitated do not relate to the facts in issue in this petition. However, in case, the petitioner is aggrieved of any action on the part of OGRA, relating to issuance of a license to the respondent, she would be at liberty to avail such remedies, which are available to her under the law. Pursuant to order dated 12-4-2010, in case OGRA issues written permission in terms of the relevant statue in favour of the respondent to start commercial operations, the respondent will be within its rights to start commercial operations.
4. The documents submitted on behalf of OGRA are directed to be placed on record.