| Case ID |
4500c22f-9dce-486b-9ebc-f2f8dd806b70 |
| Body |
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| 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
|