BISMILLAH METAL IMPEX (PVT.) LTD. vs PORT QASIM AUTHORITY R — 2024 PLD 38 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PLD 38 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PLD
Parties: BISMILLAH METAL IMPEX (PVT.) LTD. vs PORT QASIM AUTHORITY R
Subject matter: Criminal
Provisions referred to: 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

BISMILLAH METAL IMPEX (PVT.) LTD. VS PORT QASIM AUTHORITY R. 19---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---Weight of steel---Term "as is and where is basis"---applicablity---Plaintiff/bidder failed to deposit bid amount in favour of defendant/Port Qasim authority, in relation to auctioned crafts---Plaintiff in anticipation of action under the provision of R. 19 of Public Procurement Rules, 2004 and forfeiture of security bond sought stay of proceedings---Validity---Bidding document was not a complicated document or a document which required interpretation---Tug/craft was to be weighed on "as is where is basis" and there was no way that the crafts/tugs could be weighed in a way that steel and other part/components of ship should be segregated first---Plaintiff/bidder was not able to make out a prima facie case in its favour and balance of inconvenience was also not in its favour whereas irreparable loss would be suffered by defendant/authority in case injunction as prayed was granted, as entire process in respect of subject vessels would become standstill---application was dismissed, in circumstances.

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