SEAMAX MARINE SERVICES vs MINISTRY OF MARITIME AFFAIRS R — 2022 PLD 521 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLD 521 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLD
Parties: SEAMAX MARINE SERVICES vs MINISTRY OF MARITIME AFFAIRS R
Subject matter: Civil
Provisions referred to: S. 9; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SEAMAX MARINE SERVICES VS MINISTRY OF MARITIME AFFAIRS R. 48---Civil Procedure Code (V of 1908), S. 9 & O. VII, R. 11---Specific Relief act (I of 1877), Ss. 42, 54 & 55--- Courts to try all civil suits unless barred---Rejection of plaint---Redressal of grievances by the procuring agency---Scope---Plaintiff filed a suit for declaration, permanent and mandatory injunction against the award of contract by the procuring agency---Defendants moved an application for rejection of plaint---Validity---Procuring agency had not constituted the grievance redressal committee despite the plaintiff's letter to constitute the same, rather the agency had proceeded to pass a Board Resolution on the very next day whereby contract was awarded to the other bidder; hence the suit was filed---Grievance redressal committee was constituted by the procuring agency much later, after the suit was filed---In such circumstances where the remedy of a complaint under R. 48 of the Public Procurement Rules, 2004 before a grievance redressal committee was not made available to the plaintiff by the procuring agency itself, the question of any bar to the suit by reason of R. 48 did not arise---Jurisdiction of the High Court as a civil court was not ousted when the suit was filed---application for rejection of plaint was dismissed.

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