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2002 CLC 679

SHAUKAT ICE FACTORY vs K.E.S.C. and others:

Citation2002 CLC 679
CourtSindh High Court
Case No.High Court Appeal No,324 of 2000
Date2001-09-07
Judge(s)S. A. Rabbani, Muhammad Roshan Essani
ResultAppeal allowed

' S.A. RABBANI, J.--- The appellant filed Civil Suit No,907 of 2000 in the High Court of Sindh on original side against present respondents for declaration and injunction. In that suit, they filed an application for interim injunction under Order XXXIX, rules 1 and 2, Civil Procedure Code. The learned Judge in the Single Bench disposed of the injunction application by the following order:-- "Heard the counsel. For the time being, the plaintiffs are directed to deposit in cash with the K.E.S.C.

50% of the supplementary bills, dated 1-7-2000 Annexures `H/1' to H/5' and furnish bank guarantee for the rest of 50% to the satisfaction of the Nazir of the Court. On plaintiffs complying the above order, K.E.S.C. Will restore the electricity. Thereafter, K.E.S.C. Will provide to the plaintiffs every month electric bills on actual meter reading which the plaintiffs shall be liable to pay regularly. This is a tentative order and the cash amount so deposited by the plaintiff will be adjustable on the final decision of this matter. In terms of the above application disposed of."

2. The object of an appeal is to examine plausibility of the reasons given for the verdict in a judicial order, challenged in appeal. In the present case, no reasons, whatsoever, have been given for the order made by the learned Single Judge, impugned herein.

3. By now, it is settled that, for grant of an interim injunction, the Court has to see whether there is an arguable prima facie case in favour of the plaintiff, a balance of convenience in the circumstance in his favour and that the plaintiff would suffer irreparable loss in case an interim injunction is not granted. None of these ingredients has been considered and discussed in the impugned order. The impugned order cannot, therefore, be maintained. It is get aside. Office is directed to place the application for interim injunction for hearing before a Single Bench, dealing with subject-matter, according to roster. The appeal standsallowed accordingly.

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