UNIVERSAL TRACK (PVT.) LTD. vs FEDERATION OF PAKISTAN through Ministry of Petroelum O

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UNIVERSAL TRACK (PVT.) LTD. VS FEDERATION OF PAKISTAN through Ministry of Petroelum O.II, R.2 & O.XXXIX, Rr. 1 & 2---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---Interim injunction, refusal of---Omitting a relief---Non-assailing of circular---Plaintiffs were engaged in business of GPS vehicle tracking services and were aggrieved of directions issued by Pakistan State Oil to oil tankers on the basis of Circular dated 30-11-2020 to seek GPS tracking facilities from defendant companies---Validity---Plaintiff companies were aware of Logistic Circular dated 30-11-2020, but neither challenged that Circular nor sought any relief in relation to it---If a party omitted to include a claim or relief, then such claim or relief would be deemed to be relinquished and the party would be barred from reagitating the same under O.II R.2, C.P.C.---Plaintiffs had relinquished their claim in relation to the Logistic Circular dated 30-11-2020, hence were barred from raising any claim in relation to the Logistic Circular in the suit---Pakistan State Oil did not own any of the trucks or tankers but entered into contract with various contractors who provided their vehicles for logistic purposes---Cost of tracking services was borne by the contractors and not by Pakistan State Oil---Tracking companies such as plaintiffs or defendants were paid for their services by the contractors and not by Pakistan State Oil---Plaintiffs had no good prima facie case and even no irreparable loss could be caused to them if relief sought in the injunction application was refused---Balance of inconvenience did not lie in injunction application of plaintiffs---High Court declined to grant interim injunction to plaintiffs---application was dismissed, in circumstances.

UNIVERSAL TRACK (PVT.) LTD. vs FEDERATION OF PAKISTAN through Ministry of Petroelum O — 2023 CLC 1739 KARACHI-HIGH-COURT-SINDH

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