1862/2016 Const. P. M/S Dewan Sugar Mills Limited (Petitioner) V/S M/S Trading Corporation of Pakistan (Pvt) ltd & (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
1862/2016 Const. P. M/S Dewan Sugar Mills Limited (Petitioner) V/S M/S Trading Corporation of Pakistan (Pvt) ltd & (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 04-DEC-17
Ousting the petitioner from availing their remedy which they could have before the executing Court amounts to a denial of fair trial. I am in agreement that such a compromise ought to have been recognized by executing Court, however whether tenant can still make an attempt to have it recognized or otherwise, the jurisdiction vest with the executing Court to be exercised first and I refrain from passing on my observation as it may prejudice the case of parties