2013 PLP 478 (SCMR)
MAKKAH WOOD BASED PANELS — Petitioner Versus G.M. SUI GAS PIPELINE LTD. and others — Respondents
| Citation | 2013 PLP 478 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tassaduq Hussain Jillani and Sarmad Jalal Osmany, JJ |
| Parties | MAKKAH WOOD BASED PANELS — Petitioner Versus G.M. SUI GAS PIPELINE LTD. and others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2013 PLP 478 (SCMR)?
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 478 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani and Sarmad Jalal Osmany, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 478 (SCMR) (MAKKAH WOOD BASED PANELS — Petitioner Versus G.M. SUI GAS PIPELINE LTD. and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Shahzad Shoukat, Advocate Supreme Court and Mahmood ul Islam, Advocate-on-Record for Petitioner.
- Date of hearing: 4th December, 2012.
- Ms. Yasmeen Sehgal, D.A.-G. and Ch. Muhammad Sharif, Advocate Supreme Court, Law Officer Sui Gas Pipeline on Court's call.
Headnotes / Summary
(On appeal from the judgment dated 5-11-2012 passed by Lahore High Court, Lahore in F.A.O. No.477 of 2012).
O.XXXIX, Rr.1 & 2
Constitution of Pakistan, Art. 185(3)
Recovery of arrears of gas bill and penalty
Furnishing of bank guarantee by alleged defaulter
Petitioner, alleged defaulter, agreeing to offer made by Gas Company regarding payment of the amount due
Petitioner failed to pay its arrears of gas bill and the penalty imposed on it due to pilferage/theft of gas
Petitioner filed suit for declaration and temporary injunction seeking a restraint order against Gas Company (respondent) to stop it from recovering the amount
Appellate Court directed petitioner to deposit 50% of arrears of gas bill and penalty calculated by Gas Company
Gas Company contended that if petitioner deposited total current bill and 50% of the penalty imposed within a week, and furnished bank guarantee for the remaining amount, then it would not disconnect the gas connection of petitioner
Petitioner agreed with the offer made by Gas Company
Both parties having taken a fair stand, petition for leave to appeal was allowed, impugned order of Appellate Court was set aside and petitioner was directed to deposit the amount in terms of the offer made by Gas Company within a period of 8 days and to furnish a bank guarantee for the remaining amount
Gas authority was directed not to disconnect gas connection of petitioner till such period. Ms. Yasmeen Sehgal, D.A.-G. and Ch. Muhammad Sharif, Advocate Supreme Court, Law Officer Sui Gas Pipeline on Court's call.
Judgment & Decree
Through this petition leave is sought against the order dated 5-11-2012 vide which petitioner's First Appeal bearing No.477 of 2012 was partly allowed and it was directed that petitioner shall deposit 50% of the outstanding amount of arrears of sui gas bill as also the penalty/pilferage amount worked out by the respondent Sui Gas Pipeline Limited against the petitioner concern.
2. This petition arises out of a temporary injunction matter in a suit for declaration filed by the petitioner against the respondents impugning the notice for payment of the outstanding amount and seeking a restraint order that respondents/defendants be directed not to recover the amount of Rs.7,72,90,784 along with security deposit of Rs.42,72,000 regarding Sui Gas Meter No.IM 02077276 Consumer No.30245900003.
3. Having heard learned counsel for the petitioner at some length, we directed learned Deputy Attorney-General Ms. Yasmeen Sehgal to get in touch with the respondent authorities and find out the factual position. Having established contact she submits that the current actual bill which the petitioner concern has to pay amounts to Rs.1,39,89,860 and the amount payable by the petitioner due to pilferage/theft and penalty is Rs.9,32,69,
480. Adds that the last date for payment of the amount was 20-10-2012 and since petitioner had failed to deposit, the officials of the respondent Department visited the petitioner's factory to disconnect the sui gas connection but they were assaulted by about 500 people which occurrence is subject matter of F.I.R. No.339 dated 16-6-2012 at Police Station Thikri Wala, Faisalabad.
4. Learned counsel for the respondents on court query submits that if the petitioner deposits 50% of the afore-referred penal amount and total current bill within a week and for the remaining amount furnish a bank guarantee, the respondent authorities shall not disconnect the sui gas connection. Learned counsel for the petitioner concern readily agrees to the afore-referred offer.
5. In view of the fair stand taken by learned counsel for the parties, this petition is converted into appeal and allowed, the impugned order is set aside and it is directed that subject to the determination of the amount by the competent forum they shall deposit the amount in terms of the statement made by learned counsel for the respondent sui gas company by or before 12-12-2012. They shall also furnish bank guarantee for the remaining amount within this period. Till the afore-referred date, the sui gas connection shall not be disconnected. MWA/M-75/SC Petition allowed.