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1989 SCMR 955

GOVERNMENT OF PAKISTAN vs HABIB OIL LTD. and others

Citation1989 SCMR 955
CourtSupreme Court of Pakistan
Case No.Civil Petitions for Special Leave to Appeal Nos.61-K to 85-K of 1988
Date1988-03-03
Judge(s)Zaffar Hussain Mirza, Abdul Qadir Sheikh
ResultOrder accordingly

ORDER

1. ' ABDUL KADIR SHAIKH, J.--High Court of Sind by the impugned judgment has followed the law laid down by this Court in the case of Al-Samrez Enterprise v. Pakistan (1986 SCM R 1917) which according to learned Deputy Attorney-General who appears in support of the petitioner is squarely applicable on the facts of the cases. Learned Dpeuty Attorney-General however submits that the petitioner has filed a review petition against the aforesaid judgment which is pending in this Court.

2. But we find that the review petition is time-barred by 352 days.

3. After hearing the learned counsel for the parties we do not find valid ground for granting the request for interim relief in the terms prayed for, but, in order to safeguard the interest of the Government revenue, we by consent of the learned counsel for the parties direct that the Bank Guarantees furnished by respondents shall remain operative until the same are replaced by personal bonds to the same amounts to be executed before the Nazir of the High Court. This order will remain in force till the main petitions are decided.

4. ' It is clarified that on the execution of the personal bonds as directed we, the Bank Guarantees executed by the respondents shall be returned to pm.

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