THREE STARS HOSIERY MILLS LIMITED vs FEDERATION OF PAKISTAN Ss — 2022 PLD 188 LAHORE-HIGH-COURT-LAHORE

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THREE STARS HOSIERY MILLS LIMITED VS FEDERATION OF PAKISTAN Ss. 7 & 8(3)---Natural Gas Tariff Rules, 2002, R. 3(1)---Notification dated 18-7-2006, Item No.9 category A---Late Payment Surcharge (LPS)---Maxim 'actus curiae neminem gravabit' (act of the Court shall prejudice no man)---Applicability---Appellants were consumers of natural gas supplied by respondent company---Grievance of appellants was that respondent company could not charge Late Payment Surcharge as the matter was pending before Court---Validity---Liability to pay Late Payment Surcharge was imposed under item No.9, category A of Notification dated 18-7-2006, in the event of any bill not paid by due date---Whether the delay in making payment within time was deliberate and conscious or not was not relevant as liability to Late Payment Surcharge was attracted immediately after due date for payment expired---Reasons for non-payment by consumers were not relevant---Appellants were ongoing business concerns and had utilized money saved on account of interim order, gainfully in their commercial activities---Respondent company had to suffer financial loss because of the interim order---Respondent company required funds to meet its expenses for supply of gas---Appellants were consumers of respondent company and were required to pay bills promptly any delay in making payment caused loss to the company---Interim order was granted by Single Judge of High Court and by that order respondent company could not get payment of gas as per revised tariff from appellants by due date---After the petition was dismissed and Notification in question was upheld by High Court, respondent company was entitled not only to balance of gas charges but also to Late Payment Surcharge to meet its financial commitments---Maxim actus curiae neminem gravabit could not be pressed into service in favour of appellants, rather it was to be applied to protect interest of respondent company---Intra Court Appeal was dismissed, in circumstances.

THREE STARS HOSIERY MILLS LIMITED vs FEDERATION OF PAKISTAN Ss — 2022 PLD 188 LAHORE-HIGH-COURT-LAHORE

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