| Case ID |
20fc514b-9338-48da-a435-14a3ad30609e |
| Body |
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| Case Number |
High Court Appeal No. i6 of 1987 |
| Decision Date |
Nov 18, 1991 |
| Hearing Date |
Oct 01, 1991 |
| Decision |
The High Court Appeal was directed against the order of a learned Single Judge allowing the plaintiff's application for a temporary injunction. The court found that the plaintiffs had a prima facie case and that the balance of convenience was in their favor. The court upheld that the benefits of the contract in question are assignable in equity and can be enforced by the assignee. The learned Single Judge's decision to grant the temporary injunction was deemed correct, as it protected the plaintiff's rights which could not be compensated in damages. The appeal was ultimately dismissed. |
| Summary |
This case revolves around the conflict between The Burmah Oil PLC and Pakistan State Oil Company Limited regarding the transfer of shares and the associated contractual obligations under the Participants Agreement. The Sindh High Court deliberated on the assignability of contract benefits in equity, weighing the needs of both parties. The decision emphasized the importance of maintaining control over share transfers among the foreign oil companies involved, adhering to the stipulations of their agreement. The ruling highlighted key principles of contract law and procedural fairness in the context of temporary injunctions, establishing a precedent for similar cases in the future. The balance of convenience favored the plaintiffs, reinforcing the notion that contractual rights are enforceable and can be protected through equitable remedies. This ruling is significant for stakeholders in the oil and gas sector, especially concerning corporate governance and shareholding rights. |
| Court |
Sindh High Court
|
| Entities Involved |
PAKISTAN STATE OIL COMPANY LIMITED,
Pakistan Refinery Ltd.,
THE BURMAH OIL PLC
|
| Judges |
SYED HAIDER ALI PIRZADA,
MUHAMMAD ASLAM ARAIN
|
| Lawyers |
EA. Nomani,
AA. Fazeel,
Shamsul Arfin
|
| Petitioners |
THE BURMAH OIL PLC
|
| Respondents |
PAKISTAN STATE OIL COMPANY LIMITED
|
| Citations |
1992 SLD 776,
1992 CLC 1028
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Contract Law
|
| Sections |
O.XXXIX, Rr. 1 & 2,
Assignability of Benefits
|