| Case ID |
dfde079d-6089-4380-b84b-247ac068c468 |
| Body |
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| Case Number |
D-2741 of 2010 |
| Decision Date |
Jul 30, 2010 |
| Hearing Date |
Jul 13, 2010 |
| Decision |
The petition was directed towards the actions of the Trading Corporation of Pakistan (TCP), which had allegedly engaged in unlawful practices by entering into a concession agreement without proper bidding processes. The court ruled that TCP must comply with the Public Procurement Rules, emphasizing that open competitive bidding must be adhered to unless justified otherwise. The exclusivity of services provided by PSA Gwadar was upheld, but the court mandated TCP to reassess its procurement strategies and ensure compliance with legal obligations before further agreements. |
| Summary |
This case revolves around the legality of a concession agreement between TCP and PSA Gwadar regarding stevedoring services at Gwadar Port. The petitioners argued that TCP's actions excluded them from providing services due to an unlawful monopoly created by the concession. The court highlighted the necessity for TCP to engage in open competitive bidding as per the Public Procurement Rules, asserting that proprietary rights must not hinder fair competition. This ruling reinforces the principles of transparency and fairness in public procurement, aiming to ensure that all parties have equal opportunity to participate in public contracts, ultimately promoting economic efficiency and public interest. The case underscores the importance of regulatory compliance in procurement processes, particularly in high-stakes environments like port operations where multiple stakeholders are involved. The ruling also touches on broader themes of competition law and constitutional rights, making it a significant case in administrative law. |
| Court |
Sindh High Court
|
| Entities Involved |
Trading Corporation of Pakistan,
Gwadar Port Authority,
PSA Gwadar
|
| Judges |
Munib Akhtar,
Muhammad Athar Saeed
|
| Lawyers |
Khalid Jawed Khan,
Mazhar Jafri,
Anwar Mansoor Khan,
Mian Khan Malik,
D.A.G. Hassan Akbar
|
| Petitioners |
A.R. Khan & Sons (PVT.) LTD
|
| Respondents |
Federation of Pakistan through Secretary, Ministry of Commerce, Islamabad
|
| Citations |
2010 SLD 2378 = 2010 CLC 1810
|
| Other Citations |
Trading Corporation of Pakistan (Pvt) Ltd. v. Pakistan Agro Forestry Corporation (Pvt) Ltd. 2000 SCMR 1703,
Syed Muhammad Anwar Iqbal v. Bangladesh Shipping Corporation 1991 CLC 473,
Ibrahim Fibres Limited v. Federation of Pakistan and others PLD 2009 Kar. 154,
Al-Iblagh Ltd. v. The Copyright Board, Karachi 1985 SCMR 758,
Deputy Managing Director, National Bank of Pakistan v. Ataul Huq PLD 1965 SC 201,
Sandalbar Enterprises (Pvt.) Ltd. v. Central Board of Revenue and others PLD 1997 SC 334,
Hafiz Hamdullah v. Saifullah Khan PLD 2007 SC 52,
Nawabzada Muhammad Shahabuddin v. Chairman, Federal Land Commission 1996 CLC 539,
Airport Support Services v. Airport Manager, Quaid-e-Azam International Airport and others 1998 SCMR 2268,
Signage Security System (Pvt) Ltd. v. Capital Development Authority and others 2010 CLC 567,
Shamim Khan v. Pakistan Defence Officer Housing Authority 1999 YLR 410,
Member (S&R)/Chief Settlement Commissioner and another v. Syed Ashfaque Ali and others PLD 2003 SC 132,
Jawad Mir Muhammad and others v. Haroon Mirza and others PLD 2007 SC 472,
Arshad Mahmood and others v. Government of Punjab and others PLD 2005 SC 193
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908),
Gwadar Port Authority Ordinance (LXXVII of 2002),
Public Procurement Regulatory Authority Ordinance (XXII of 2002),
Public Procurement Rules, 2004,
Competition Commission Ordinance (XVI of 2010)
|
| Sections |
Art. 199,
S.20,
S. 13(2)(j),
R. 42
|