1995 PLP 1686 (CLC)
M/s. MATIARI SUGAR MILLS LIMITED‑‑‑Petitioner Versus FEDERATION OF PAKISTAN through Secretary, Revenue Division and Chairman, Central Board of Revenue, Government of Pakistan, Islamabad and another‑‑‑Respondents
| Citation | 1995 PLP 1686 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Abdul Rahim Kazi and Saif‑ud‑Din Agha, JJ |
| Parties | M/s. MATIARI SUGAR MILLS LIMITED‑‑‑Petitioner Versus FEDERATION OF PAKISTAN through Secretary, Revenue Division and Chairman, Central Board of Revenue, Government of Pakistan, Islamabad and another‑‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 1686 (CLC)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 1686 (CLC)?
The case was heard and decided by the Karachi bench comprising: Abdul Rahim Kazi and Saif‑ud‑Din Agha, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 1686 (CLC) (M/s. MATIARI SUGAR MILLS LIMITED‑‑‑Petitioner Versus FEDERATION OF PAKISTAN through Secretary, Revenue Division and Chairman, Central Board of Revenue, Government of Pakistan, Islamabad and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Farogh Naseem for Petitioner.
- M.G. Hassan for Respondent. No. 2.
Headnotes / Summary
‑‑‑‑Art:199‑‑‑Civil Procedure Code (V of 1908), S. 148 & O. XXXIX, Rr. 1 & 2‑‑‑Constitutional petition‑‑‑Grant of stay order with condition of furnishing Bank Guarantee‑‑‑Failure of petitioner to furnish Bank Guarantee in time‑‑ Extension of time for furnishing Bank Guarantee‑‑‑Stay order granted by Court would have become operative only on furnishing Bank Guarantee as directed in the order‑‑‑High Court without going into merits extended time for furnishing Bank Guarantee. 1983 CLC 219 rel. C.P. No. D‑1157 of 1993 distinguished.
Judgment & Decree
ABDUL RAHIM KAZI, J.‑‑‑The contention of the counsel for the petitioner is that for the reasons mentioned in the accompanying affidavit the petitioner could not furnish the Bank Guarantee earlier in terms of order passed on 20‑7‑1994 and, therefore, they request for time. Mr. M.G. Hassan, the learned counsel for the respondent No. 2 has vehemently opposed this request and has pointed out that in a similar petition (C.P. No. D‑1157 of 1993) a Division Bench of this Court has passed the orders refusing to grant extension for furnishing of security. He has placed copy of the said order on the record. We have gone through. the said order. The order shows that the point dilated upon in the said order was as to whether after lapse of six (6) months the interim stay granted could be continued under Article 199 (4‑A) of the Constitution of Islamic Republic of Pakistan, 1.973. As against this Mr. Muhammad Farogh Nassem, Advocate for the petitioner has urged that in the present case the order as passed on 20‑7‑1994 shows that the said order was conditional orders subject to furnishing of the Bank Guarantee and, therefore, the orders passed in the abovesaid Constitution Petition have no relevance to the present case. He has further submitted that in such case the stay would become operative on furnishing of the Bank Guarantee as directed in the earlier order. Reliance‑is placed on the case reported in (1983 CLC 219). In this view of the matter, without going into the merits, we are inclined to extend the time for reasons mentioned in the accompanying affidavit. The petitioner will furnish Bank Guarantee positively within three weeks from the date of this order. A.A./M.281/K Order accordingly.