| Case ID |
ed17c600-923d-4956-b521-804cd092c07e |
| Body |
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| Case Number |
Suits Nos. 407, 426, 427, 879 and 1063 of 2017 |
| Decision Date |
Apr 23, 2018 |
| Hearing Date |
Apr 05, 2018 |
| Decision |
The Sindh High Court ruled against the interim injunction sought by NTL (PRIVATE) LIMITED, stating that the case lacked sufficient prima facie nature for an injunction based on the available record. The court highlighted that the allegations made by the plaintiff were not supported by consistent evidence, and the last agreement between the parties played a significant role in the decision. The court found that the plaintiff's claims were primarily maintainable for damages rather than an injunction, leading to the withdrawal of the ad-interim injunction previously granted. The court emphasized that any future claims for interim orders would depend on the evidence available at that time. |
| Summary |
This case revolves around NTL (PRIVATE) LIMITED's request for an interim injunction against TNT (U.A.E.), LLC regarding a dispute over a business agreement. The plaintiff asserted claims based on historical agreements dating back to 1980 involving courier services and joint ventures. The court assessed the validity of the plaintiff's claims under the Civil Procedure Code, particularly focusing on the necessary ingredients for granting an injunction: a prima facie case, balance of convenience, and irreparable loss. Ultimately, the court dismissed the injunction application, stating that the plaintiff failed to demonstrate sufficient grounds for such relief at this stage. The decision highlighted the importance of consistent evidence and the implications of the last agreement between the parties. This ruling sets a precedent for future disputes involving similar contractual relationships and the requirements for injunctive relief. |
| Court |
Sindh High Court
|
| Entities Involved |
NTL (PRIVATE) LIMITED,
TNT (U.A.E.), LLC
|
| Judges |
Mahmood Ahmed Khan
|
| Lawyers |
Zahid F. Ebraim,
Altamash Arab,
Ali Ahmed Turab,
Sajid Zahid,
Zeshan Khan
|
| Petitioners |
NTL (PRIVATE) LIMITED
|
| Respondents |
TNT (U.A.E.), LLC
|
| Citations |
2018 SLD 1981,
2018 CLC 1437
|
| Other Citations |
1997 CLC 1903,
PLD 2011 Kar. 362,
PLD 2004 SC 860,
2003 SCMR 1864,
2002 CLD 77,
2016 CLC 189,
PLD 1965 SC 83,
2015 YLR 2141,
1995 MLD 384,
PLD 2001 Kar. 185,
2013 PLC (C.S.) 768,
2010 MLD 800,
1974 SCMR 519,
Jamshoro Joint Venture Ltd. v. Sui Southern Gas Company Ltd. Suit No.1216/2016
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
1,
2
|