INDUS MOTOR COMPANY LIMITED vs FEDERATION OF PAKISTAN through Secretary Ministry of Industries and Production art — 2025 CLC 1951 ISLAMABAD

Case information

Citation: 2025 CLC 1951 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: CLC
Parties: INDUS MOTOR COMPANY LIMITED vs FEDERATION OF PAKISTAN through Secretary Ministry of Industries and Production art
Subject matter: Civil
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

INDUS MOTOR COMPANY LIMITED VS FEDERATION OF PAKISTAN through Secretary Ministry of Industries and Production art. 199---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Legality of order challenged before the civil court---Simultaneous invoking of Constitutional jurisdiction by opposite party for implementation of the order challenged before Civil Court---Constitutional jurisdiction of the High Court, exercise of---adequate and efficacious remedy in circumstances---Scope---Once the original order stands challenged before the civil court of plenary jurisdiction it would neither be appropriate nor proper for the High Court to simultaneously exercise its Constitutional jurisdiction for implementation of the same order---Entertaining the writ petition in parallel would not only lead to conflicting findings but also amount to bypassing the jurisdiction of the civil court---In such circumstances, efficacious remedy would be to approach the Trial Court in order to seek right by way of opposition to the application for injunction.

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