WESTERN TEXTILE INDUSTRIES vs THE FEDERATION OF PAKISTAN Ss — 2023 CLC 499 KARACHI-HIGH-COURT-SINDH

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WESTERN TEXTILE INDUSTRIES VS THE FEDERATION OF PAKISTAN Ss.11 & 43---Complaint Resolution Procedure (Natural Gas, Liquefied Petroleum Gas [LPG], Compressed Natural Gas [CNG] and Refined Oil Products) Regulations, 2003---Specific Relief Act (I of 1877), Ss. 42 & 54---Civil Procedure Code (V of 1908), O. XXXIX, Rr.1 & 2---Suit for declaration and injunction---Interim injunction, refusal of---Gas connection---Category---Civil Court, jurisdiction of---Plaintiff companies were licensed as Export Oriented Units who claimed enhanced supply of natural gas for consumption of their units---Validity---Oil and Gas Regulatory Authority, under Oil and Gas Regulatory Authority Ordinance, 2002, had ample powers to determine any nature of dispute between a licensee and the Customer / Consumer (present Plaintiffs) hence suits are not maintainable---Provision of S.43 of Oil and Gas Regulatory Authority Ordinance, 2002 had an overriding effect---Jurisdiction of Civil Court plenary in nature was not specifically ousted, yet exclusive jurisdiction vested in concerned Authority and provisions of Oil and Gas Regulatory Authority Ordinance, 2002, had barred jurisdiction of a Civil Court---Even an injunctive relief could be granted by the Authority under Complaint Resolution Procedure (Natural Gas, Liquefied Petroleum Gas [LPG], Compressed Natural Gas [CNG] and Refined Oil Products) Regulations, 2003---High Court declined injunctive relief as gas connections were restored and Industrial Units of plaintiffs were running---High Court directed the Authority to formulate and implement a Policy, which should not result in closure of businesses of consumers, including present plaintiffs, as the same would be violative of Arts.18 & 24 of the Constitution, relating to trade, business and proprietary rights---Plaintiffs were at liberty to invoke jurisdiction of Oil and Gas Regulatory Authority, in accordance with Oil and Gas Regulatory Authority Ordinance, 2002, and other Regulations---Application was dismissed accordingly.

WESTERN TEXTILE INDUSTRIES vs THE FEDERATION OF PAKISTAN Ss — 2023 CLC 499 KARACHI-HIGH-COURT-SINDH

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