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Majid Ali vs GM SNGPL Faisalabad etc.

CourtDistrict Consumer Court
Case No.178/10
Date2010-10-22
Judge(s)Ejaz Ahmad Buttar
ResultN/A

Through this order, I proceed to dispose of parties' two applications petitioner's application for implementing order of this court dated 5-5-10 and respondent's application for stay of proceedings by reason of statusquo order passed by the learned Civil Court, Faisalabad.

2. Parties contentions heard and record perused.

3. Admittedly, petitioner's claim was disposed of on 5-5-10 directing the respondent department to provide gas connection to the petitioner on completion of necessary formalities. After disposal of his complaint, the petitioner moved for execution of order dated 5-5-10 and also prayed to initiate contempt proceedings against SNGPL Department for noncompliance of court order dated 5-5-10.

On the other hand, the respondents maintained that they have no objection to implement the court order dated 5-5-10 after disposal of respondent's instant application. Thus, the only point to be resolved is whether statusquo order as passed by the Civil Court provides any justification for non compliance of order dated 5 5-10 answer is in negative as would appear from the following discussion.

4. Petitioner's contention is that his claim accepted on 5-5-10 relates to the affairs of Millat Welfare Society, Millat Town, Faisalabad and not to petitioner's personal use. Such contention of petitioner is supported from record vide para No.1 and 5 of his complaint filed on 6-11-10. The present controversy also relates to provision of gas connection to Millat Welfare Society whereas statusquo order was passed by Civil Court in a case filed by one Muhammad Amin S/o Mukhtar Ahmed. As such, there seems no bar for respondent department to implement order of this court dated 5-5-10 subject to completion of necessary formalities by the petitioner as a President of Millat Welfare Society.

5. In the light of above, respondent's application is disposed of in the manner that the respondents would proceed to implement order of this court dated 5-5-10 on completion of necessary formalities by the petitioner. Latter's application also stands disposed of as a result of dismissal of respondent's application. As the respondent department never refused or failed in implementing the order under execution dated 5-5-10, therefore, contempt application is hereby rejected without initiating any penal proceedings against respondent.

6. After completion, file be consigned to record room.

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