| Case ID |
2bc2e46b-cc7c-46e1-ba77-2fdd78bb37c6 |
| Body |
View case body. Login to View |
| Case Number |
Suit No. 1246 of 1997 |
| Decision Date |
Jun 29, 1998 |
| Hearing Date |
|
| Decision |
The court dismissed the application for interim injunction filed by the defendants. The defendants were unable to establish a prima facie case regarding their claim of permanent interest in the agency contract with the plaintiffs. The court held that the agency was revocable upon proper notice and that the defendants failed to show that they had a vested interest in the agency that would prevent its termination. Consequently, the prayer for an injunction was declined, and the interim order directing the parties to maintain the status quo was recalled. |
| Summary |
This case revolves around the dispute between Philippine Airlines Inc. and Paramount Aviation (Private) Limited regarding the termination of a General Sales Agency. The defendants sought a declaration that the termination was unlawful and requested an injunction to prevent Philippine Airlines from granting the agency to another party. The court examined the nature of the agency agreement, the claims made by both parties, and the applicable laws, including the Civil Procedure Code and the Contract Act. Ultimately, the court found that the defendants did not establish a prima facie case to support their claims, leading to the dismissal of their application for an injunction. This case highlights important aspects of agency law, including the rights and obligations of agents and principals, and the circumstances under which an agency can be terminated. |
| Court |
Sindh High Court
|
| Entities Involved |
PHILIPPINE AIRLINES INC.,
PARAMOUNT AVIATION (PRIVATE) LIMITED
|
| Judges |
RANA BHAGWAN DAS
|
| Lawyers |
Qazi Faez Essa for Plaintiff,
M.L. Shahani for Defendants
|
| Petitioners |
PHILIPPINE AIRLINES INC.
|
| Respondents |
others,
PARAMOUNT AVIATION (PRIVATE) LIMITED
|
| Citations |
1999 SLD 1235,
1999 PLD 227
|
| Other Citations |
Ahmed Hassan v. Ajab Khan 1988 CLC 1575,
Naimat Ali v. Jai Ramdas PLD 1983 SC 5,
Muhammad Arif Effendi v. Egypt Air 1980 CLC 2199,
Muhammad Arif Effendi v. Egypt Air 1980 SCMR 588,
Zubair Ahmed v. Pakistan State Oil Ltd. PLD 1987 Kar. 112,
Worldwide Trading Company v. Sanyo Electric Trading Company Limited PLD 1986 Kar. 234,
Ghee Corporation of Pakistan v. M/s. Ashraf & Sons 1995 MLD 390,
M/s. Farooq & Company v. Federation of Pakistan 1996 CLC 2030,
Pakistan Automobile Corporation Limited v. General Motors Overseas Distribution Corporation PLD 1982 Kar. 796
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Contract Act (IX of 1872),
Sindh Chief Court Rules (O.S.)
|
| Sections |
O.VIII, R.6,
0. XXXIX, Rr. 1 & 2,
S.202,
R. 162
|