| Case ID |
1a6ed432-cef8-4198-89b4-c4e41caaa97b |
| Body |
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| Case Number |
D-2524 of 2012 |
| Decision Date |
Dec 13, 2012 |
| Hearing Date |
Nov 30, 2012 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Mega Currency Exchange Company (PVT.) LTD. on the grounds of laches. The petitioner failed to explain a five-month delay in filing the petition after the issuance of the license to the respondent. The court emphasized the importance of compliance with tender requirements, stating that public functionaries must act transparently and fairly in procurement processes. The court found that the petitioner was disqualified due to the submission of unattested documents and ruled that the decision of the concerned authority was final, thus upholding the decision to award the tender to the sixth respondent. |
| Summary |
This case revolves around a constitutional petition filed by Mega Currency Exchange Company (PVT.) LTD. challenging the rejection of its tender for operating a currency exchange booth. The case was presided over by the Sindh High Court, which highlighted crucial legal principles regarding tender processes and the obligations of public functionaries. The court ruled against the petitioner due to a significant delay in filing the petition and a failure to meet tender requirements, emphasizing the necessity for transparency and fairness in public procurement. The ruling reinforces the need for compliance with the law and proper documentation in tender applications, ensuring that all participants in the tendering process are treated equitably. This decision is significant for businesses involved in public tenders, as it underscores the importance of adhering to procedural norms and the potential consequences of non-compliance. The case serves as a precedent for future procurement disputes, highlighting the judiciary's role in upholding the integrity of public procurement processes. |
| Court |
Sindh High Court
|
| Entities Involved |
MEGA CURRENCY EXCHANGE COMPANY (PVT.) LTD.,
SENIOR MANAGER COMMERCIAL C.A.A.
|
| Judges |
MUSHIR ALAM, CHIEF JUSTICE,
MUHAMMAD SHAFI SIDDIQUI, JUSTICE
|
| Lawyers |
S. Haider Imam Rizvi,
S. Toqeer Hassan,
Munir-ur-Rehman, D.A.G.,
Ayaz Ali Chandio,
Shafique Ahmed
|
| Petitioners |
MEGA CURRENCY EXCHANGE COMPANY (PVT.) LTD.
|
| Respondents |
5 OTHERS,
SENIOR MANAGER COMMERCIAL C.A.A.
|
| Citations |
2013 SLD 1031,
2013 CLD 1144
|
| Other Citations |
Not available
|
| Laws Involved |
Securities and Exchange Ordinance, 1969,
Constitution of Pakistan
|
| Sections |
199
|