| Case ID |
3710e675-e7b8-4907-abe9-27112ab0d1dd |
| Body |
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| Case Number |
C.P. D-7061 of 2017 |
| Decision Date |
Feb 17, 2020 |
| Hearing Date |
Dec 11, 2019 |
| Decision |
The petitioner's request for recovery of contractual dues from Pakistan Steel Mills Corporation Limited was dismissed based on the principle that the constitutional jurisdiction of the High Court is not the appropriate forum for adjudicating commercial claims. The court found that the petitioner did not demonstrate why the appropriate forum was not approached and that an alternate remedy was available. The court emphasized that disputed questions of fact and contractual matters are generally not amenable for determination within constitutional jurisdiction, leading to the conclusion that the petition was not maintainable. |
| Summary |
In the case of BISMILLAH METAL IMPEX (PVT.) LIMITED vs. FEDERATION OF PAKISTAN, the Sindh High Court addressed the issue of recovery of contractual dues under Article 199 of the Constitution of Pakistan. The petitioner, a metal supplier, sought to recover payments owed by the Pakistan Steel Mills Corporation Limited for aluminum ingots supplied. The court ruled that the constitutional jurisdiction was not appropriate for resolving commercial disputes, as alternate remedies were available. This case reiterates the principle that disputes involving factual controversies and contractual matters should be resolved through proper legal forums rather than constitutional petitions. The decision underscores the importance of following established legal procedures and the limitations of constitutional jurisdiction in commercial matters. Keywords such as 'contractual dues', 'constitutional jurisdiction', and 'commercial claims' are vital for understanding the legal context of this ruling. |
| Court |
Sindh High Court
|
| Entities Involved |
FEDERATION OF PAKISTAN,
BISMILLAH METAL IMPEX (PVT.) LIMITED,
Pakistan Steel Mills Corporation Limited
|
| Judges |
MOHAMMAD ALI MAZHAR,
AGHA FAISAL
|
| Lawyers |
Haseeb Jamali,
Muneer Khan,
Kafeel Ahmed Abbasi,
Ghulam Mohiuddin,
Fasih-uz-Zaman
|
| Petitioners |
BISMILLAH METAL IMPEX (PVT.) LIMITED THROUGH DIRECTOR
|
| Respondents |
FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF INDUSTRIES AND PRODUCTION AND 4 OTHERS
|
| Citations |
2021 SLD 982,
2021 CLC 996
|
| Other Citations |
2005 MLD 233,
PLD 2001 SC 116,
2015 PLC 45,
2015 CLD 1257,
PLD 2011 SC 44,
PLD 2007 SC 642,
Province of Sindh v. Abdul Sattar Arbani C.P. 654-K of 2018
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|