1978/2015 Suit Pakistan Beverage (Pvt) Ltd., & Others. (Plaintiff) V/S Federation of Pakistan & Others (Defendant)

1978/2015 Suit Pakistan Beverage (Pvt) Ltd., & Others. (Plaintiff) V/S Federation of Pakistan & Others (Defendant) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 18-MAY-16

here is a need of carving out a distinction between a determined/prescribed price for the consumer and sale price for the consumer. OGRA only determines the prescribed price on the basis of estimated revenue requirements and that is the only determination that they forwarded to the federal government i.e. Rs.469.04 per MMBTU. It cannot be considered as a sale price for each category of consumer since this could only be culminated and matured into a sale price once the federal government sends it back to the authority/OGRA for issuing a notification considering it to be a sale price in the notification. Determined prescribed price of OGRA cannot prematurely be considered to be sale price under the given circumstances. The impugned notification further lacks its sanctity as the same was much higher i.e. Rs.600 MMBTU than the prescribed/recommended price of Rs.469.04 per MMBTU by OGRA itself.