GOVERNMENT OF PAKISTAN vs HABIB OIL LTD. and others
This matter arises from a petition filed by the Government of Pakistan against the impugned judgment of the High Court of Sind, which followed the precedent established by the Supreme Court in Al-Samrez Enterprise v. Pakistan. The core legal question concerns the grant of interim relief and the protection of government revenue pending the main petitions, alongside the maintainability of a heavily time-barred review petition filed by the petitioner. The court declined to grant the interim relief in the terms prayed for by the petitioner. However, to safeguard government revenue, the court ordered by consent of the parties that the existing bank guarantees furnished by the respondents shall remain operative until replaced by personal bonds executed before the Nazir of the High Court, upon which the original bank guarantees shall be returned. The key principle laid down is that interim arrangements in revenue matters can be modulated by consent to protect government interests while pending final adjudication.
- Whether interim relief should be granted when a review petition against the foundational judgment is time-barred by 352 days?
- Can bank guarantees furnished by respondents be replaced by personal bonds to safeguard government revenue pending the decision on main petitions?
ORDER
1. ' ABDUL KADIR SHAIKH, J.--High Court of Sind by the impugned judgment has followed the law laid down by this Court in the case of Al-Samrez Enterprise v. Pakistan (1986 SCM R 1917) which according to learned Deputy Attorney-General who appears in support of the petitioner is squarely applicable on the facts of the cases. Learned Dpeuty Attorney-General however submits that the petitioner has filed a review petition against the aforesaid judgment which is pending in this Court.
2. But we find that the review petition is time-barred by 352 days.
3. After hearing the learned counsel for the parties we do not find valid ground for granting the request for interim relief in the terms prayed for, but, in order to safeguard the interest of the Government revenue, we by consent of the learned counsel for the parties direct that the Bank Guarantees furnished by respondents shall remain operative until the same are replaced by personal bonds to the same amounts to be executed before the Nazir of the High Court. This order will remain in force till the main petitions are decided.
4. ' It is clarified that on the execution of the personal bonds as directed we, the Bank Guarantees executed by the respondents shall be returned to pm.