| Case ID |
14dac1fe-b316-49d3-b8e8-092f675941c8 |
| Body |
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| Case Number |
Civil Revision No. 390/BWP and Civil Miscellaneous |
| Decision Date |
Aug 20, 1996 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the revision petition challenging the order dated July 28, 1996, which had dismissed the application for a temporary injunction. The petitioner, Muhammad Ramzan, was the highest bidder for the auction related to the collection of export tax but failed to deposit the requisite amount within the specified period, leading to the cancellation of his bid. The court found that the petitioner had ample opportunity to comply with the payment requirements but chose not to. The court emphasized that the cancellation was lawful and that the petitioner did not suffer irreparable loss as a result of the re-auction. The balance of convenience favored the new bidder, whose offer was higher and subsequently approved by the authorities. Thus, the decision of the lower courts was upheld, and the revision petition was dismissed. |
| Summary |
This case revolves around the auction for the collection of export tax by the District Council, Bahawalpur. The petitioner, Muhammad Ramzan, was the highest bidder, but his bid was canceled due to non-payment of the required amount within the stipulated time. The Lahore High Court upheld the decision of the lower courts, stating that the petitioner had sufficient time to comply with payment rules but failed to do so. The court ruled that the re-auction was valid and that the petitioner did not face irreparable loss from the cancellation of his bid. The decision highlighted the importance of adhering to auction terms and reinforced the legal principle that failure to comply with contractual obligations can lead to adverse consequences. The ruling emphasizes the court's reluctance to intervene in matters of financial contracts where damages can be assessed, thus maintaining the integrity of public auction processes. |
| Court |
Lahore High Court
|
| Entities Involved |
District Council, Bahawalpur
|
| Judges |
RAJA MUHAMMAD KHURSHID, J
|
| Lawyers |
Aejaz Ahmad Ansari
|
| Petitioners |
MUHAMMAD RAMZAN
|
| Respondents |
DISTRICT COUNCIL, BAHAWALPUR through its Administrator and 3 others
|
| Citations |
1997 SLD 676,
1997 CLC 683
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Zila Council (Export Tax) Rules, 1990,
Punjab Local Government Ordinance (VI of 1979),
Civil Procedure Code (V of 1908)
|
| Sections |
16(8),
17,
O.XXXIX, Rr.1 & 2
|