| Case ID |
3ce91d2d-b949-4081-9d3d-61a687b6b256 |
| Body |
View case body. Login to View |
| Case Number |
Suit No. 533 and Civil Miscellaneous Application N |
| Decision Date |
May 09, 1991 |
| Hearing Date |
|
| Decision |
In this case, the Sindh High Court ruled that the plaintiffs, Messrs MUHAMMAD ISHAO & SONS, failed to establish a prima facie case for an interim injunction against the defendants, namely the GOVERNMENT OF PAKISTAN. The court noted that the contract for the supply of coolies, which was meant to be renewed every three years, was not renewed at the end of the contract period. The plaintiffs had not made a sufficient case to justify the granting of a temporary injunction as the balance of convenience favored the defendants. The court stated that while the plaintiffs could potentially sue for damages resulting from a breach of contract, they were not entitled to a temporary injunction. The application for an injunction was subsequently dismissed, indicating that the defendants had the discretion to award the contract to another party without prior renewal to the plaintiffs. |
| Summary |
The case revolves around a contract dispute between Messrs MUHAMMAD ISHAO & SONS and the GOVERNMENT OF PAKISTAN regarding the supply of coolies for handling passengers' luggage. The plaintiffs contended that the contract, which had been in place since 1981, was due for renewal as per the terms agreed upon. However, the defendants did not renew the contract and instead awarded it to another contractor after the expiration of the contract. The court found that the plaintiffs did not have a strong enough case to warrant an injunction preventing the defendants from proceeding with their decision. The ruling emphasized the importance of adhering to contractual obligations and the conditions under which a contract can be renewed or terminated, highlighting the discretionary powers of the defendants in awarding contracts. This case underscores the principles of contract law and the rights of parties involved in contractual agreements, particularly in public sector contracts. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
HAZIQUL KHAIRI, J
|
| Lawyers |
Raja Qureshi,
Akhlaq Ahmed Siddiqui
|
| Petitioners |
Messrs MUHAMMAD ISHAO & SONS
|
| Respondents |
GOVERNMENT OF PAKISTAN through Secretary Ministry of Railways Federal Secretariat, Islamabad and anothers
|
| Citations |
1992 SLD 919,
1992 CLC 1515
|
| Other Citations |
PLD 1965 SC 83,
PLD 1961 SC 531
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Contract Act (IX of 1872)
|
| Sections |
O.XXXIX, Rr.1 & 2,
S.2(h)
|