PAKISTAN INTERNATIONAL CONTAINER TERMINAL LIMITED vs FEDERATION OF PAKISTAN through Federal Secretary Ministry

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PAKISTAN INTERNATIONAL CONTAINER TERMINAL LIMITED VS FEDERATION OF PAKISTAN through Federal Secretary Ministry of Maritime Affairs Ss. 42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for declaration and injunction---Interim injunction, refusal of---Plaintiff company was listed container terminal of Pakistan and had been operating as a terminal operator in pursuance of an Implementation Agreement since 18-06-2002---Defendants were regulators of the licensed ports, marine services and facilities and the management of vessels traffic at ports---Defendants intended to terminate Implementation Agreement with the plaintiff and invited proposals for design, finance, construction and development operation and transfer of container terminal Karachi Port on Build, Operate and Transfer (BOT) basis---Validity---Assets were to be transferred to defendant Karachi Port Trust ('KPT') and plaintiff could not rely on such assets as defense---On expiry of the Agreement, no right for plaintiff survived to occupy, except that it could match the bid to re-commence operation and on such defense, possession could not be retained---Defendant KPT had a right to decide then or any time after the invitation of bids and during the process of conclusion of bids, that the Port would operate the terminal itself---No justification existed for plaintiff to compel defendants to offer plaintiff to operate the terminal till new assignment was executed or decision was made---Plaintiff had no legal justification to continue its operation after the conclusion of agreed period under the Implementation Agreement---Plaintiff was in no position to succeed on the strength of investment made by it as it was on Build Operate and Transfer (BOT) basis---Plaintiff built and operated it for 21 years and then it stood transferred at the conclusion of Agreement---Plaintiff had a right to exercise its right of first refusal to match the bid of a successful bidder, if so declared by defendant KPT to the satisfaction of the defendant---Defendant KPT could exercise their right to reject any bid before offering right of refusal to plaintiff if deemed fit and proper, subject to law---In case defendants desired to operate the terminal on their own, the plaintiff could not compel the defendants for the extension or renewal of any agreement for operating the terminal---Plaintiff as licensee would complete its period as stipulated in the agreement---Plaintiff did not succeed for renewal/extension on the strength of the investments so made---Plaintiff had no legal justification to continue occupying the terminal beyond 17-06-2023---In case right of refusal was exercised by plaintiff, it would be re-occupation and re-commencement of such fresh terms as agreed---Application was dismissed, in circumstances.

PAKISTAN INTERNATIONAL CONTAINER TERMINAL LIMITED vs FEDERATION OF PAKISTAN through Federal Secretary Ministry of Maritime Affairs Ss — 2023 CLC 2119 KARACHI-HIGH-COURT-SINDH

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