R.L. PAPER BOARD MILLS vs SUI SOUTHERN GAS COMPANY LIMITED Ss — 2023 CLC 1445 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 1445 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: R.L. PAPER BOARD MILLS vs SUI SOUTHERN GAS COMPANY LIMITED Ss
Subject matter: Civil

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

R.L. PAPER BOARD MILLS VS SUI SOUTHERN GAS COMPANY LIMITED Ss.6(4), 7(2), 13 & appendix "B" Form No.4---Gas Utility Court---Suit for recovery of amounts---Leave to defend the suit---Non-issuance of summons in Form No.4 of appendix "B"---Effect---Factual controversies, scrutiny of---appellants / consumers were aggrieved of dismissal of their leave to defend the suits resulting into judgment and decree passed by Gas Utility Court in favour of respondent / authorities---Validity---On presentation of suit, notices were not issued in Form No. 4 of appendix "B" as contemplated under Ss. 6(4) & 7 (2) of Gas (Theft Control and Recovery) act, 2016---From the very inception of the suit, proceedings were not initiated in accordance with the provisions of Gas (Theft Control and Recovery) act, 2016---Several factual controversies regarding installation, removal of fake meters as well as mis-calculation of sum dues erupted---Such controversies needed to be scrutinized as the same could not be decided merely on the basis of pleadings or disputed documents---Factual controversies could only be resolved through evidence and such aspect was not dilated upon by Gas Utility Court making judgments and decrees in question as erroneous---High Court set aside judgments and decrees passed by Gas Utility Court as material question of law and facts remained unattended---High Court remanded the matter to Gas Utility Court for decision afresh---appeal was allowed accordingly.

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