INDUS MOTOR COMPANY LIMITED vs FEDERATION OF PAKISTAN through Secretary Ministry of Industries and Production S — 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 S
Subject matter: Civil
Provisions referred to: S. 9

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 S. 9 & O. XXXIX, Rr. 1 & 2---Order of delivery of vehicle passed by Secretary, Ministry of Industries and Production---Pendency of proceedings before High Court and Civil Court initiated by both parties simultaneously---Implementation of order pursued through constitutional petition by one party while challenge to same order initiated before Civil Court by the other party---Effect---Civil Court's refusal to grant interim injunction and adjournment of civil suit sine die on ground of pending implementation before High Court---Legality---Nature, distinction and scope of both proceedings---In the said circumstances the nature and scope of two proceedings are distinct---Through civil suit the legality of an order can be questioned by a party, while the writ petition can be sought for its enforcement by the other party---Pendency of writ petition in such circumstances would not oust the jurisdiction of civil court.

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