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2008 CLC 562

Messrs RECTO INTERNATIONAL through Partner vs Messrs PAKISTAN

Citation2008 CLC 562
CourtSindh High Court
Case No.R.A. No,128 of 2006
Date2007-03-28
Judge(s)Zia Pervez
ResultPetition dismissed

ORDER

1. ' ZIA PERWEZ, J.--- This revision application is directed against the impugned order of the learned V-Additional District Judge, Karachi south, dated 15-9-2006 in Civil Appeal No,162 of 2006 whereby the application seeking interim orders for performing services under contract awarded to the applicant for a period of one year for transportation of goods of the respondents from Karachi to other destinations by restraining the respondent from awarding the contract to any other contractor.

2. 'Today the applicant and his counsel are called absent. Mr. Jami) Ahmed Virk, learned counsel for the respondent, has argued that the respondents are public functionary and in the usual course of business, they award contracts for transporting of goods for a period of one year as imported to assignment are to be moved at various destinations in the country. Present applicant was also awarded one such contract and the duration of the contract was for the year 2006-2007. The time for carrying on the contract has already expired. The declaration sought to be obtained is misconceived being hit by the provisions of section 42 of the Specific Relief Act. Even otherwise, after expiry of the period, no restraining order is called for as the contract stood expired with afflux of time and fresh tenders have already been invited for awarding contract in which all contracts qualified on merit can participate. Under the circumstances, as the period of execution of contract has already expired, the application seeking extension of contract in suit for declaration and injunction was rightly dismissed by the learned trial Court vide order, dated 7-8-2006 and upheld by the learned Appellate Court by order, dated 15-9-2006. This revision application, therefore, has no merit and is accordingly dismissed in limine along with listed application.

Cited by 2 cases

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