Legal Case Summary

Case Details
Case ID 4500c22f-9dce-486b-9ebc-f2f8dd806b70
Body View case body.
Case Number C.R. No. 263 of 2008
Decision Date Apr 10, 2015
Hearing Date Apr 10, 2015
Decision The Peshawar High Court dismissed the revision petition filed by the Electric Supply Company against the trial court's decision, which partially decreed the plaintiff's suit. The court found that the evidence presented by the plaintiff was credible and that the charges levied by the Electric Supply Company were without legal basis. The court emphasized that any proceedings on behalf of a corporate body must be authorized by a resolution passed by the Board of Directors. The failure to present such authorization rendered the petition filed by the Electric Supply Company not maintainable, leading to its dismissal. The court upheld the trial court's decree regarding the recovery of fixed charges and highlighted the need for proper authorization for corporate actions.
Summary This case revolves around a dispute between the Electric Supply Company and Ali Match (PVT.) LTD. regarding the recovery of fixed minimum charges. The plaintiff, a consumer of electricity, contested the legality of the charges imposed during periods when their operations were suspended. The court examined the evidence presented by both parties and found that the charges were unjustified and not supported by legal grounds. Additionally, the court reiterated the necessity for corporate entities to have proper authorization from their Board of Directors to initiate legal proceedings. This ruling emphasizes the importance of corporate governance and legal compliance in financial matters, making it a significant case for both legal practitioners and corporate entities. The decision ultimately protects consumer rights and reinforces the legal standards for corporate accountability.
Court Peshawar High Court
Entities Involved WAPDA, PESCO, ALI MATCH (PVT.) LTD.
Judges ABDUL LATIF KHAN, J
Lawyers Muhammad Zeb Tanoli, Abdur Rehman Qadir
Petitioners 2 others, DEPUTY MANAGER PESCO WAPDA ABBOTABAD
Respondents 9 others, ALI MATCH (PVT.) LTD.
Citations 2016 SLD 1065, 2016 CLC 1133
Other Citations Khan Iftikhar Hussain Khan of Mamdot (represented by 6 heirs) v. Messrs Ghulam Nabi Corporation Ltd., Lahore PLD 1971 SC 550
Laws Involved Civil Procedure Code (V of 1908)
Sections O. XXIX, R.1