SHAHEEN FREIGHT SERVICE (SFS) vs MOL PAKISTAN OIL AND GAS CO — 2023 CLD 1189 ISLAMABAD

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SHAHEEN FREIGHT SERVICE (SFS) VS MOL PAKISTAN OIL AND GAS CO. B.V. (MOL) Rr. 3 & 48(7)---Constitution of Pakistan, Art. 199---Constitutional petition---Terms "procurements" and "procuring agency"---Scope---Petitioner company assailed bidding process and had filed a complaint for redressal of grievance against finalization of bid tender which was rejected---Petitioner company filed an appeal under R. 48(7) of Public Procurement Rules, 2004, before Public Procurement Regulatory Authority but did not decide grievance of petitioner company---Respondent/Operator contended that it was not a public procurement nor the respondent was a procuring agency---Validity---Mere fact that steps toward "procurement" were carried out by respondent/Operator designated under Petroleum Concession Agreement to carry out Joint Operations who was not a "procuring agency" did not mean that such procurement was not a "public procurement" made by a "procuring agency" as defined in Public Procurement Regulatory Authority Ordinance, 2002---Joint Operations including transportation were conducted and financed by all three of the Working Interest Owners pursuant to Petroleum Concession Agreement and not just the respondent/Operator---One entity out of three Working Interest Owners was designated for carrying out leg work involved in Joint Operations but essentially it was all three of the Working Interest Owners who conducted the joint operations and financed them---Any step carried out by the respondent/Operator toward joint operations was on behalf of itself as well as the other Working Interest Owners---Respondent/Operator was not a procuring agency and was an Operator under Petroleum Concession Agreement, who was carrying out joint operations to be conducted by the Working Interest Owners---Complaint sent by petitioner company to the respondent / Operator was for all intents and purposes a grievance to Grievance Redressal Committees of Working Interest Owners who were "procuring agencies"---Decision of the respondent/Operator constituted decision of such respondents against which an appeal was provided for under R. 48(7) Public Procurement Rules, 2004---High Court set aside order in question and the matter was remanded to Public Procurement Regulatory Authority to decide grievance of petitioner company on merits---Constitutional petition was allowed accordingly. Citation Name: 2023 CLD 1189 ISLAMABADBookmark this Case SHAHEEN FREIGHT SERVICE (SFS) VS MOL PAKISTAN OIL AND GAS CO. B.V. (MOL) Ss. 18 & 19---Constitution of Pakistan, Art. 199---Constitutional petition---Partner of a firm---Locus standi to file petition---Respondents objected to maintainability of petition on the plea that petitioner was partner of firm and was not authorized to file constitutional petition---Validity---Act of a partner binds the partnership firm except that such implied authority does not empower him to take the steps as are listed under S. 19(2) of Partnership Act, 1932---Filing of a constitutional petition was not included amongst the steps which a partner was not empowered to take pursuant to his implied authority---Petitioner as a partner was an authorized person to file the petition---Constitutional petition was maintainable, in circumstances. Citation Name: 2023 CLD 1189 ISLAMABADBookmark this Case SHAHEEN FREIGHT SERVICE (SFS) VS MOL PAKISTAN OIL AND GAS CO. B.V. (MOL) art. 199---Constitutional petition---Relief, moulding of---Scope---Failure to expressly assail order in question in prayer clause was not fatal---In view of the contents of memo of petition and oral submissions, High Court was not precluded from passing judgment in respect of order in question as additional relief was available on merits---any additional or adequate relief may be granted even if not specifically prayed for, if the same is borne out of the contents of the pleadings, as a court, in aid of justice, is vested with unfettered powers.

SHAHEEN FREIGHT SERVICE (SFS) vs MOL PAKISTAN OIL AND GAS CO — 2023 CLD 1189 ISLAMABAD

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