PAKISTAN RAILWAYS ADVISORY AND CONSULTANCY SERVICE LIMITED vs EXECUTIVE DIRECTOR, ADJUDICATION DIVISION, ADJUD

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PAKISTAN RAILWAYS ADVISORY AND CONSULTANCY SERVICE LIMITED VS EXECUTIVE DIRECTOR, ADJUDICATION DIVISION, ADJUDICATION-II, SECP. R. 13(4)---Contumacious conduct of the party before the Court/Authority---Special costs, imposition of---Scope---Appellant, awholly-owned government company, availed multiple opportunities, before the Appellate Bench, of hearing with its persistent and repeated requests for adjournment---Validity---Appellant's conduct reflects a clear intention to delay the proceedings and obstruct the disposal of the Appeal---Appellant's actions demonstrate a lack of diligence and seriousness in pursuing the matter, thereby undermining the sanctity of the appellate process---Pattern of seeking adjournments at the eleventh hour specifically, on the day preceding scheduled hearings even after receiving explicit instructions to ensure representation, amounts to a deliberate and calculated abuse of the legal process---Thus, appellant's conduct constitutes procedural impropriety and is not in consonance with the standards expected of a public sector entity---Imposition of special costs under R.13(4) of the Securities and Exchange Commission of Pakistan (Appellate Bench Procedure) Rules, 2003 ('the Rules 2003') would have been warranted under the circumstances, however, the Bench exercising judicial restraint refrained from doing so---Nevertheless, the Bench strongly emphasized that, as a wholly-owned government company, the appellant was duty-bound to uphold exemplary standards of corporate governance and to ensure strict compliance with the PSC Rules--- The Bench also noted with regret that the appellant had shown no bona fide intent to pursue the appeal, which was evidenced by the appellant's continued non-appearance and failure to ensure representation even on the final date of hearing---It was further observed that the individual cited as being unavailable on account of attending a meeting with a Minister was neither an authorized representative in the instant appeal nor a legal counsel for the appellant; which fact, in itself, highlighted the appellant's disregard for procedural due process and further reinforced the conclusion that the appellant had willfully and deliberately avoided participating in the appellate proceedings---Hence, the Appellate Bench viewed that, due to the appellant's persistent failure to appear and pursue the appeal despite multiple opportunities being granted, the appeal was liable to be dismissed---Appeal was dismissed for non-prosecution, in circumstances.

PAKISTAN RAILWAYS ADVISORY AND CONSULTANCY SERVICE LIMITED vs EXECUTIVE DIRECTOR, ADJUDICATION DIVISION, ADJUDICATION-II, SECP — 2026 CLD 34 SECURITIES-AND-EXCHANGE-COMMISSION-OF-PAKISTAN

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