OIL MARKETING ASSOCIATION OF PAKISTAN vs OIL COMPANIES ADVISORY COUNCIL S

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OIL MARKETING ASSOCIATION OF PAKISTAN VS OIL COMPANIES ADVISORY COUNCIL S.21(4)---Civil Procedure Code (V of 1908), O.VII, R.10---Limitation Act (IX of 1908), S.14---Statutory appeal filed at High Court (Lahore), maintainability of---Impugned order passed at Islamabad---Legality---Territorial jurisdiction of the High Court in circumstances, determination of---Relevant provision not specifying as to which High Court to have jurisdiction---Effect---Constitutional principles governing territorial jurisdiction, consideration of---"Dominant object" test, applicability of---Scope---Briefly, the appellant applied for registration / licence as a trade organization under the Trade Organizations Act, 2013; during pendency, respondent had also applied; the Regulator allowed the appellant's application but rejected the respondent's ; respondent appealed under S.21(2) of the Act, 2013, and the Federal Cabinet Committee allowed the appeal; and the appellant then filed the present appeal under S.21(4) of the Act, 2013 challenging that appellate order---Held: If High Court was to entertain the present appeal merely because the appellant or some of its members had operations/offices within Punjab, the jurisdictional discipline emphasized by the Supreme Court, particularly the "dominant object" test and the disapproval of contrived forum selection, could be diluted, and the door for forum shopping could open in matters arising from federal appellate orders passed at Islamabad---Present appeal was held to be not maintainable before the High Court (Lahore) for want of territorial jurisdiction---Consequently, the same was returned to the appellant for presentation before the competent forum, i.e., the Islamabad High Court, if so advised---Office was directed to return the present appeal along with annexures to the appellant in terms of O.VII, R.10 of the C.P.C.---The appellant was at liberty to seek appropriate relief regarding exclusion of time/condonation of delay on the basis of time spent bona fide before the High Court in present proceedings, in accordance with law, including the principle underlying S.14 of the Limitation Act, 1908---Appeal was not maintainable and same was returned, in circumstances.

OIL MARKETING ASSOCIATION OF PAKISTAN vs OIL COMPANIES ADVISORY COUNCIL S — 2026 PLD 374 LAHORE-HIGH-COURT-LAHORE

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