2471/2014 Suit M/s Hascol Petroleum Limited (Plaintiff) V/S M/s. Shell Pakistan Limited & others (Defendant)

2471/2014 Suit M/s Hascol Petroleum Limited (Plaintiff) V/S M/s. Shell Pakistan Limited & others (Defendant) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 26-MAR-16

Civil Procedure Code (V of 1908)--- ----O.XXXIX R.1 & 2---Suit for declaration, damages, permanent and mandatory injunction--- Application for grant of temporary injunction---Statutory tenant---Suit property was leased to defendant vide lease agreement that had expired and despite correspondence from landladies same was not renewed---Landladies entered into a new lease agreement with plaintiff but defendant had installed its machinery on leased land---Effect---Ignorance or no-reply on part of defendant should not be considered in a way that he had conceded their rights as to possession or statutory rights of tenancy---Defendant was for all intent and purposes in occupation of suit property and were running business of supply of petrol and other allied products---Defendant had also applied for storage license after spending huge fee contrary to allegation that they were not interested in operation from suit property---Plaintiff's case was not considered to be one of prima facie, nor it would suffer an irreparable loss---Plaintiff had also not come with clean hands, hence was denied discretionary relief---High Court, in circumstances, dismissed application for grant of temporary injunction under its original jurisdiction.