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.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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