SHAHZAD RIAZ vs MILLAT TRACTORS LIMITED S — 2024 PLD 210 KARACHI-HIGH-COURT-SINDH

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SHAHZAD RIAZ VS MILLAT TRACTORS LIMITED S.64-a---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---Irreparable loss---Quantifying loss in terms of money---Change in duty and taxes---Effect---Plaintiff booked tractors with defendant company and paid total consideration amount---Grievance of plaintiff was that defendant company demanded further amounts towards price of each tractor---Validity---There might be multiple bookings received by defendant company at any given point in time for a particular model of tractor through its various authorized dealers and it could not be claimed by a party making a booking that property passed at that time in a specific tractor unit---any number of tractors of particular description that were available in stock with defendant company belonged to or were property of plaintiff---There was no identification of specific units through any distinctive serial number(s) of engine(s) or chassis---Necessity of inspection or prospect of attachment or proceedings for contempt did not arise---Case as set out on affidavits, was not prima facie to be regulated through grant of injunction so as to either compel delivery at such stage or restrain defendant company from selling tractors in interregnum---There was no balance of convenience in favour of plaintiff in such regard---Pendulum tilted in favour of defendant company as for prospect of irreparable loss, plaintiff himself advanced an alternative prayer for recovery of a quantified sum---Requisite ingredients for grant of injunctive relief were lacking---application was dismissed, in circumstances.

SHAHZAD RIAZ vs MILLAT TRACTORS LIMITED S — 2024 PLD 210 KARACHI-HIGH-COURT-SINDH

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