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2021 SHC 182

Mst. Gulshan Begum vs The Federation of Pakistan & others

Citation2021 SHC 182
CourtSindh High Court
Case No.C. P. No.D-2638 of 2018
Date2021-01-19
Judge(s)Muhammad Ali Mazhar, Amjad Ali Sahito
ResultPetition disposed off

ORDER

Muhammad Ali Mazhar , J. The learned counsel for the petitioner argued that the respondent No.6 on 06.02.2015 sold out dealership of CNG facility for PSO outlet, Karimabad, Karachi to the petitioner under the agreement of sale and also given NOC to the respondent No.3 (PSO) to accept the arrangement and transfer the dealership in the name of the petitioner . He further argued that on the strength of this agreement, the petitioner also submitted an application to respondents No.2 and 3 for the transfer of dealership and renewal of licence in favour of the petitioner . It is further contended that the respondent No.3 (PSO) already informed the respondent No.2 vide letter dated 24.07.2017 that they have transferred the dealership in favour of the petitioner .

2. The grievance of the petitioner is that despite compliance of all requisite formalities, the respondent No.2 has not taken any action on the application of the petitioner for licence which is pending and causing huge losses to the petitioner .

3. Mr. Asim Iqbal, learned counsel for respondents No.2 submits that the matter will be considered by the respondent No.2 after compliance of all requisite formalities for issuance of licence in accordance with the law. At this juncture the learned counsel for the petitioner argued that OGRA is also asking the presence of respondent No.6, the previous owner , despite submit ting sale agreement and transfer docum ents including the letter of PSO supporting the cause of the petitioner . The OGRA will examine the documents and If all requisite documents have already been submitted including sale agreement, transfer documents and letter of PSO then in addition to that the petitioner may also submit indemnity bond that in case the previous owner will come and raise any objection, the petitioner shall be responsible and OGRA may initiate cancellation proceedings of licence. The petition is disposed of in above terms alongwith pending applications with the directions to OGRA to decide the application of the petitioner in accordance with law within 30 days.

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