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PAKISTAN TELECOMMUNICATION COMPANY LIMITED vs UNIVERSAL SERVICE FUND, ISLAMABAD S — 2024 CLD 1426 ISLAMABAD

Case information

Citation
2024 CLD 1426 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
CLD
Parties
PAKISTAN TELECOMMUNICATION COMPANY LIMITED vs UNIVERSAL SERVICE FUND, ISLAMABAD S
Subject matter
Civil
Provisions referred to
S. 124---C; 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

PAKISTAN TELECOMMUNICATION COMPANY LIMITED VS UNIVERSAL SERVICE FUND, ISLAMABAD S. 124---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Interim injunction, refusal of---Performance guarantee---Encashment---Force majeure clause---Scope---appellant / plaintiff company sought restraining order against encashing of performance guarantee executed in favour of respondent / defendant---Validity---Respondent / defendant was the sole judge of whether there was delay in implementation of agreement and that penalty clause could be invoked---Such clause could only be excluded if there was force majeure clause---There was no force majeure and on the basis thereof, respondent / defendant sought encashing of bank guarantees issued in its favour due to delay as penalty---Whether there was delay or not, was a question of fact which could only be decided on the basis of evidence led and on the basis of documents---There was no prima facie case in favour of appellant / plaintiff and as it was a money matter there was no question of irreparable loss and balance of convenience was also in favour of respondent / defendant---In case, if eventually the suit filed by appellant / plaintiff was decided in its favour, return of money could always be ordered by Court---High Court declined to interfere in the order passed by Trial Court refusing to issue interim injunction against encashing of performance guarantee---appeal was dismissed in circumstances.

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