Guldad Khan vs Area Incharge SNGPL O — 2025 MLD 83 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 MLD 83 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: MLD
Parties: Guldad Khan vs Area Incharge SNGPL O
Subject matter: Civil
Provisions referred to: S. 104---G; S. 13---T; S. 13

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

Guldad Khan VS Area Incharge SNGPL O. XXXIX, Rr. 1 & 2 & S.104---Gas (Theft Control and Recovery) Act (XI of 2016), S.13---Temporary injunction against disconnection and transfer of gas meter sought---Pre-condition---Temporary injunction, refusal of---Petitioner preferred an appeal under S.13 of the Gas (Theft Control and Recovery) Act, 2016, (Act) against the order of dismissal of application for temporary injunction passed by the Gas Utility Court---Contention of the appellant was that after dissolution of business partnership with the private respondent, the business of the shop and gas meter installed thereon was left in the ownership of the appellant through private settlement---Validity---Private respondent had remained co-partner with the appellant in the business and thereafter, their partnership was dissolved through their private settlement, however, he denied the factum of selling out the subject gas meter to the appellant and the same was still in his name---Private respondent had sold out the meter to another person against consideration---Official respondents highlighted that the appellant was not their consumer and according to their official record, the gas meter was installed in the name of private respondent---For grant of temporary injunction under O.XXXIX R.2, C.P.C., appellant was required to establish the existence of three essential ingredients i.e., a prima facie case, balance of inconvenience and irreparable loss if the interim injunction was not granted in his favour, however, he had not been able to establish the aforesaid ingredients, thus, appellant had no case for grant of temporary injunction---Appeal was dismissed, in circumstances.

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