DIGITAL BRIDGE (PRIVATE) LIMITED vs FEDERATION OF PAKISTAN through Ministry of Information Technology and Telecom S — 2023 CLC 560 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 560 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: DIGITAL BRIDGE (PRIVATE) LIMITED vs FEDERATION OF PAKISTAN through Ministry of Information Technology and Telecom S
Subject matter: Civil
Provisions referred to: S. 7---C; S. 9; S. 7; Civil Procedure Code (V of 1908)

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

DIGITAL BRIDGE (PRIVATE) LIMITED VS FEDERATION OF PAKISTAN through Ministry of Information Technology and Telecom S.7---Civil Procedure Code (V of 1908), S.9, O.XXXIX, Rr. 1 & 2---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Interim injunction, refusal of---Prima facie case and balance of convenience---Proof---Right of appeal, non-availing of---Plaintiff company was awarded 'License to Establish, Maintain and Operate as Third Party Service Provider for financial and applications in Pakistan---Plaintiff company assailed commercial launching of assan Mobile account Scheme by the defendant---Validity---any decision of Pakistan Telecommunication authority ('authority') defendant in respect of certificate of commencement of business was appealable under S.7 of Pakistan Telecommunication (Re-organization) act, 1996, even then suit could be filed before High Court in presence of such exclusive remedy---alternate remedy of appeal was available to aggrieved party which could lie against decision or order of the authority---Civil Court under S.9, C.P.C. had jurisdiction to entertain any suit in relation to any civil matter except when the same was expressly or impliedly barred by law---Civil Court to examine orders passed by authority could not be ousted if action itself was tainted with mala fide---High Court had jurisdiction to examine orders of an authority as valid or not---Plaintiff had no connection with defendant nor any of its grievances were justified against the authority---any such actual or perceived grievance could not in any manner be used as a justification for restraining defendant from operating its business--- High Court declined to grant interim injunction as plaintiff failed to make out a prima facie case nor balance of convenience was in its favour---application was dismissed in circumstances.

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