1217/2020 Const. P. D.G Khan Cement Co. Ltd (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Bench: Hon'ble Mr. Justice Syed Hasan Azhar Rizvi, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author)
1217/2020 Const. P. D.G Khan Cement Co. Ltd (Petitioner) V/S Fed. of Pakistan and Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Syed Hasan Azhar Rizvi, Hon'ble Mr. Justice Zulfiqar Ahmad Khan(Author) Order Date: 23-AUG-21
In light of the foregoing, we reach to an irresistible conclusion that the exercise of passing monthly FCA on to the petitioners on the basis of NEPRAs determination dated 27.12.2019 is in accordance with law and the timeline provided under Section 31(7) of the Act, 1997 be adhered to, unless any party is restricted for a reason beyond its control, which is a case at hand. The Petitioners clearly failed to avail statutory remedies under the law while the impugned determination was being made and even thereafter, nonetheless there is no cavil that the petitioners owe FCA component to K-Electric and liable to satisfy this debt. These instant Petitions being devoid of merit are accordingly dismissed.