| Case ID |
46402d94-8c02-43a2-a2b1-c14f48504eef |
| Body |
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| Case Number |
R.S.A. No. 1 of 2009 |
| Decision Date |
Mar 31, 2011 |
| Hearing Date |
Sep 17, 2010 |
| Decision |
The appeal was accepted, resulting in the dismissal of the suit filed by the plaintiff, Messrs Prism Printers (Pvt.) Ltd. The court found that the trial court and lower appellate court lacked jurisdiction to determine the electricity charges and to issue a No Objection Certificate (NOC) due to the existence of a legal framework under the Electricity Act. The decision underlined the necessity for disputes regarding electricity dues to be referred to the Electricity Inspector, as stipulated by the relevant laws. The court emphasized that the decree must align with the judgment, and the subsequent decree was deemed to hold no legal value. The court's ruling set aside previous judgments and decrees from the lower courts, reaffirming the need for compliance with procedural and legal requirements in such cases. |
| Summary |
In the case of R.S.A. No. 1 of 2009, the Quetta High Court addressed a dispute between Messrs Lasbella Industrial Estate Development Authority and Messrs Prism Printers (Pvt.) Ltd. regarding the disconnection of electricity due to alleged non-payment of dues. The court highlighted the importance of adhering to the provisions of the Electricity Act, 1910, which mandates that disputes between licensees and consumers be resolved by the Electricity Inspector. The case underscores the legal principles governing electricity supply agreements and the jurisdictional limitations of civil courts in such matters. The appeal resulted in the dismissal of the plaintiff's suit due to procedural discrepancies and a lack of legal grounds for the claims made. This ruling serves as a significant reference for future cases concerning utility disputes and the legal obligations of consumers and suppliers, making it essential reading for legal practitioners. |
| Court |
Quetta High Court
|
| Entities Involved |
Messrs LASBELLA INDUSTRIAL ESTATE DEVELOPMENT AUTHORITY, HUB,
Messrs PRISM PRINTER (PVT.) LTD.
|
| Judges |
MRS. SYEDA TAHIRA SAFDAR, J
|
| Lawyers |
Malik Sarwar Awan,
H. Shakil Ahmed
|
| Petitioners |
Messrs LASBELLA INDUSTRIAL ESTATE DEVELOPMENT AUTHORITY, HUB through Managing Director and another
|
| Respondents |
Messrs PRISM PRINTER (PVT.) LTD. through Director
|
| Citations |
2011 SLD 2220,
2011 PLD 48
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Electricity Act (IX of 1910),
Specific Relief Act (I of 1877)
|
| Sections |
2(2),
33,
O.XX, Rr. 6, 7 & 8,
2(c),
2(h),
24,
36,
54-C,
42,
54
|