Sindh High Court (SHC) has dismissed the Suit for recovery and damages worth Rs 55.70 billion , filed by Sui Southern Gas Company Limited (SSGCL) against K-Electric (KE), formerly known as Karachi Electric Supply Company Limited.
A single bench of the SHC comprised of Justice Muhammad Junaid Ghaffar heard two applications, filed by SSGC, plaintiff against KE, defendant.
The plaintiff through these applications requested the court to restrain defendant from selling or disposing of the properties, mentioned in the first application as well as for attachment of movable and immovable properties of defendant.
The plaintiff contended that pursuant to certain agreements, despite the supply of gas, the defendant has defaulted in payment of its dues and as of 21-11-2012, an amount of Rs 45.705 billion is outstanding against the monthly gas bills and markup.
The court in its order stated that the plaintiff apprehends that defendant in order to avoid the ultimate execution of decree, which may be passed in this matter is disposing of land or removing the properties from territorial jurisdiction of this court.
The court observed that it appeared that the plaintiff on its own choice and volition never assisted the court to first decide the earlier application under Order 38 Rule 5 CPC and instead filed a fresh application on the apprehensions.
The court order stated that it dismissed the application by observing the plaintiff has failed to spell out any intention of defendant that sale of shares was intended to obstruct the decree that may possibly be passed by the court. The court dismissed both applications on the ground that plaintiff failed to make out a case against the defendant.
Copyright Business Recorder, 2019
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