CHAUDHRY SUGAR MILLS vs COMPETITION COMMISSION OF PAKISTAN S — 2022 CLD 1509 COMPETITION-APPELLATE-TRIBUNAL |

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CHAUDHRY SUGAR MILLS VS COMPETITION COMMISSION OF PAKISTAN S. 42--- Constitution of Pakistan, Art. 199--- Appeal to the Competition Appellate Tribunal---Constitutional petition---Alternate remedy---Scope---Appellants assailed order passed by Competition Commission---Contention of appellants, inter alia, was that the validity of impugned order had been assailed before the various High Courts due to non-functioning of the Competition Appellate Tribunal and that the Competition Appellate Tribunal should await the decision of the High Court---Validity---Competition Appellate Tribunal was empowered to hear appeals against orders of the Competition Commission passed by two or more Members or by the Appellate Bench of the Competition Commission---In deciding such appeals, the Competition Appellate Tribunal was empowered to decide all questions of law and facts raised before it including the question of the composition of the Competition Commission---In case an Administrative Court or Tribunal was not available to a litigant for the reason that it is not functional then the litigant who had a remedy before such Administrative Court or Tribunal could not be left in a vacuum for an indefinite period due to the non-establishment of such Administrative Court or Tribunal or in other words a litigant could not be rendered remediless---In such circumstances, whilst acting upon the principle, "ubi jus ibi remedium", that is to say, where there is a right there is a remedy, and in the spirit of Arts. 4 & 10-A of the Constitution---Constitutional petition under Art. 199 was normally entertained by the High Court to provide relief to the litigant---However, once the Administrative Court or Tribunal became functional then under the relevant statute the remedy of litigant ordinarily laid before such Administrative Court or Tribunal established under the statute, inter alia, for the reason that, although the jurisdiction of a High Court under Art. 199 of the Constitution was open ended, yet it was subject to certain limitations mentioned in the said Article, one of which being the availability of other adequate remedy to the litigant---Request of the appellants to adjourn the appeals sine die was declined---Appeals were admitted to regular hearing.

CHAUDHRY SUGAR MILLS vs COMPETITION COMMISSION OF PAKISTAN S — 2022 CLD 1509 COMPETITION-APPELLATE-TRIBUNAL

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