485/2012 Suit SOORTY ENTERPRISES (PVT) LTD (Plaintiff) V/S K.E.S.C. LTD & ANOTHERS (Defendant)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
485/2012 Suit SOORTY ENTERPRISES (PVT) LTD (Plaintiff) V/S K.E.S.C. LTD & ANOTHERS (Defendant) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 18-JUN-12
when the parties are not at issue the question of its determination does not arise. The plaintiffs was already put on notice by notices dated 17.2.2012 and the controversy came to an end on account of such admission with regard to keeping the load as standby. The distinguishing features as far as this suit and the Suit No. 329/2012 are concerned is of course the admitted position with regard to the status of the sanctioned load when the initial notices dated 17.02.2012 were replied. Since there was no question of determination and even after the issuance of notices it was consistent stand of the plaintiff that it was keeping the sanctioned load as standby, the defendant No.1 was well within their right to disconnect the electricity as the determination is not required.