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1989 SCMR 736

INDUS VALLEY CONSTRUCTION COMPANY LIMITED and others vs PAKISTAN

Citation1989 SCMR 736
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,956 of 1982
Date1988-11-20
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultLeave to appeal granted

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought against the dismissal by the High Court of the petitioner's I.C.A. The petitioners had, in the context of grant of contract, challenged the power of the respondent authorities to grant the same to a selected party. In other words, the petitioners' ouster, from the main contest through tenders, was challenged.

2. ' A learned Single Judge dismissed the writ petition. The learned I.C.A. Bench dismissed the appeal also on the ground that the previous contract proceedings having been completed, the petitioners would be entitled to challenge similar future threatened action. Accordingly, the I.C.A. Was dismissed.

3. ' The learned counsel has contended that the contract mentioned in the writ petition was not the only dispute raised by the petitioners. They had also challenged the authority to award a contract by ousting the petitioners from the contest through tenders.

4. A perusal of the writ petition tiled in the High Court and trend of the arguments noted in the judgment of the learned Single Judge support the learned counsel. We, accordingly, grant leave to appeal so as to examine whether the I.C.A. Bench should not have resolved the controversy by examining the merits of the main pleas raised by the petitioners.

5. ' Security Rs,10,000.

6. ' The appeal shall be prepared on the present record with direction to the parties to add all necessary documents.

7. ' Leave to .

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