2018 PLP 58 (CLCN)
SHELL PAKISTAN LIMITED through Duly Constituted Attorney — Appellant Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Defence, Islamabad and 2 others — Respondents
| Citation | 2018 PLP 58 (CLCN) |
| Forum / Court | Sindh |
| Bench Members | Munib Akhtar and Yousuf Ali Sayeed, JJ |
| Parties | SHELL PAKISTAN LIMITED through Duly Constituted Attorney — Appellant Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Defence, Islamabad and 2 others — Respondents |
| Primary Law | ----O. XXXIX, Rr. 1, 2---Interim injunction---Plaintiff was running a petrol/CNG station and authorities were taking over the possession of plot of the station but Single Judge of High Court declined to grant interim injunction---Validity---Plaintiff had investment and ongoing business in the form of functioning petrol station/CNG station---Balance of convenience was in favour of preserving such state of affairs and the same lay with the plaintiff---Authorities/(Cantonment Board) confirmed that its intention was to continue utilization of subject premises for the same purpose---Principal concern was confined to that of realizing fresh terms by auction---In the event of divestiture of plaintiff from subject premises, investment already made would potentially be laid waste---Plaintiff had at least an arguable case that it was inferable if not implicit from the letter of assurance that lease be renewed for a further ten years' period in as much as such renewal would not be unreasonably withheld in the event of continued utilization of subject premises for the same purpose---Order passed by Single Judge of High Court declining interim injuction suffered from material infirmities and was set aside--- Division Bench of High Court restrained authorities from disturbing possession of plaintiff over suit property and directed that operation of petrol/CNG station in question could be carried on by plaintiff unabated until disposal of underlying suit---Interim injunction was granted in circumstances. [Paras. 18, 22, 23 & 24 of the judgment], Azim Khan v. State of Pakistan PLD 1957 (W.P.) Karachi 892; Musarat Masood Lodhi v. Masood Hameed Lodhi 2003 MLD 9; Abid Ali v. Bazaar e Faisal Builders 2015 CLD 1257; Climax Printers v. HBL 2008 CLD 761 and Pakistan through the Secretary, Ministry of Defence v. Province of Punjab and others PLD 1975 SC 37 ref., Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2018 PLP 58 (CLCN)?
This judgment primarily cites: ----O. XXXIX, Rr. 1, 2---Interim injunction---Plaintiff was running a petrol/CNG station and authorities were taking over the possession of plot of the station but Single Judge of High Court declined to grant interim injunction---Validity---Plaintiff had investment and ongoing business in the form of functioning petrol station/CNG station---Balance of convenience was in favour of preserving such state of affairs and the same lay with the plaintiff---Authorities/(Cantonment Board) confirmed that its intention was to continue utilization of subject premises for the same purpose---Principal concern was confined to that of realizing fresh terms by auction---In the event of divestiture of plaintiff from subject premises, investment already made would potentially be laid waste---Plaintiff had at least an arguable case that it was inferable if not implicit from the letter of assurance that lease be renewed for a further ten years' period in as much as such renewal would not be unreasonably withheld in the event of continued utilization of subject premises for the same purpose---Order passed by Single Judge of High Court declining interim injuction suffered from material infirmities and was set aside--- Division Bench of High Court restrained authorities from disturbing possession of plaintiff over suit property and directed that operation of petrol/CNG station in question could be carried on by plaintiff unabated until disposal of underlying suit---Interim injunction was granted in circumstances. [Paras. 18, 22, 23 & 24 of the judgment], Azim Khan v. State of Pakistan PLD 1957 (W.P.) Karachi 892; Musarat Masood Lodhi v. Masood Hameed Lodhi 2003 MLD 9; Abid Ali v. Bazaar e Faisal Builders 2015 CLD 1257; Climax Printers v. HBL 2008 CLD 761 and Pakistan through the Secretary, Ministry of Defence v. Province of Punjab and others PLD 1975 SC 37 ref., Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 PLP 58 (CLCN)?
The case was heard and decided by the Sindh bench comprising: Munib Akhtar and Yousuf Ali Sayeed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 PLP 58 (CLCN) (SHELL PAKISTAN LIMITED through Duly Constituted Attorney — Appellant Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Defence, Islamabad and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Salahuddin Ahmed assisted by Rajendar Kumar and Nadeem Ahmed for Appellant.
- Asim Mansoor Khan, DAG for Respondent No.1.
- Umer Riaz for Respondent No.2.
- S. Ahsan Imam Rizvi for Respondent No.3.