| Case ID |
2fc72b4a-c592-4bbe-89d7-423f8451f064 |
| Body |
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| Case Number |
Civil Revisions Nos.998 and 1053 of 2011 |
| Decision Date |
Sep 08, 2011 |
| Hearing Date |
Sep 08, 2011 |
| Decision |
The Peshawar High Court accepted the revision petitions and set aside the judgment of the appellate court, restoring the trial court's order. The trial court had dismissed the plaintiff's application for temporary injunction against the Pakistan International Airlines Corporation's contract with Gaggan Catering Service. The High Court ruled that the plaintiff, Balana Restaurant, had not established a prima facie case or satisfied the necessary criteria for an interim injunction. The court directed the trial court to decide the main suit within six months, emphasizing that total relief could not be granted as interim relief. |
| Summary |
In the case of Civil Revisions Nos.998 and 1053 of 2011, the Peshawar High Court dealt with a dispute arising from a catering contract awarded by Pakistan International Airlines Corporation to Gaggan Catering Service. The plaintiff, Balana Restaurant, contended that the contract was awarded without a proper tendering process, violating the Public Procurement Regulatory Authority Rules, 2004, and sought a permanent injunction. The trial court initially dismissed the request for a temporary injunction, a decision that was later overturned by the appellate court, which granted the injunction. The High Court ultimately found that the appellate court had exceeded its jurisdiction by staying the contract without sufficient evidence and restored the trial court's decision. This case underscores the importance of adhering to procurement regulations and the necessity of fair competition in public contracts. |
| Court |
Peshawar High Court
|
| Entities Involved |
Pakistan International Airline Corporation,
Gaggan Catering Service,
Balana Restaurant
|
| Judges |
MIAN FASIH-UL-MULK, J
|
| Lawyers |
Qazi Jawed Ehsanullah for Petitioner,
Alam Zeb and Abdul Zakir Tareen for Respondents
|
| Petitioners |
Messrs GAGGAN CATERING SERVICE
|
| Respondents |
Messrs BALANA RESTAURANT through Authorized Partner and others
|
| Citations |
2011 SLD 834 = 2011 CLC 1985
|
| Other Citations |
Tauseef Corporation Private Limited v. Lahore Development Authority and others 2002 SCMR 1269,
Oil and Gas Development Corporation v. Lt.Col. Shujauddin Ahmad PLD 1970 Kar. 332,
Shah Jehan v. Fazlur Rehman (2001 CLC 1695)
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908),
Public Procurement Regulatory Authority Rules, 2004
|
| Sections |
42,
54,
O.XXXIX, Rr.1 & 2
|