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

Case information

Citation
2023 CLC 499 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
CLC
Parties
WESTERN TEXTILE INDUSTRIES vs THE FEDERATION OF PAKISTAN Ss
Subject matter
Civil
Provisions referred to
S. 43; Specific Relief Act (I of 1877); Civil Procedure Code (V of 1908); Gas Regulatory Authority Ordinance

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

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.

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