Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Official Citation: 2025 SHC 749
Court / Jurisdiction: Sindh High Court
Petitioner: Const. P. 5385/2025 (D.B.) Sindh High Court, Karachi - K-Electrid Ltd (Petitioner)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 749. In this matter between Const. P. 5385/2025 (D.B.) Sindh High Court, Karachi - K-Electrid Ltd (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Sindh High Court CASE NO: Const. P. 5385/2025 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 743 PARTIES: K-Electrid Ltd (Petitioner) ORDER DATE: 02-APR-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi A.F.R: Yes ------------------------------------------------------------ Order Sheet IN THE HIGH COURT OF SINDH KARACHI C. P. No. D – 5429 of 2025 (M/sShan Pap er ( Pvt ) Ltd & oth ers v NEP RA & ano ther) C. P. No. D – 5384 of 2025 (K. El ectri c L td v Paki sta n & another) C. P. No. D – 5385 of 2025 (K. El ectri c L td v NEP RA & another) C. P. No. D – 5386 of 2025 (K. El ectri c L td v NEP RA & another) C. P. No. D – 5387 of 2025 (K. El ectri c L td v NEP RA & another) C. P. No. D – 5430 of 2025 (M/sShan Pap er ( Pvt ) Ltd & oth ers v NEP RA & ano ther) C. P. No. D – 5441 of 2025 ((M/sShan Paper (P vt) L t d & others v NEP RA & an other) C. P. No. D – 5442 of 2025 (M/sShan Pap er ( Pvt ) Ltd & oth ers v NEP RA & ano ther)
Date Order with Signature of Judge Before: - Mr. Justice Adnan -ul -Karim Memon Mr. Zulfiqar Ali Sangi
Date of heari ng and order: -02. 04 .202 6
M/s. Dr. Farogh Naseem, Shahrukh Farogh Naseem, Ayan Mustafa Memon, Mustafa Shah, Ms. Areebah Uqaili, advocates for petitioners
M/s. Munawar Islam, Shahid Iqbal Rana & Hassan Parvaiz, advocate for respondents
Mr. Sarmad Ali, advocate for NEPRA
Ms. Wajeeha Mehdi, DAG ----------
O R D E R Adnan -ul -Karim Memon , J The Petitioners are a group of industrial and commercial electricity consumers in Karachi and adjoining areas, including textile, food, packaging, and manufacturing sectors, who rely on uninterrupted and affordable power supply from K-Electric Limited Respondent No. 3. They challenge d the decision of the National Electric Power Regulatory Authority dated 20.10.2025 (Ref. No. NEPRA/R/TRF-614/K-ELECTRIC/SUPPLY-2024/16710-17), the “Impugned Decision,” on the grounds that it is unlawful, without jurisdiction, and arbitrary. It is submitted that NEPRA exceeded its powers by reopening and altering the final Supply Tariff Determination for FY 2023-24 and FY 2024-25 through a suo motu review based on defective Motions for Leave for Review, affecting Fuel Cost Components, monthly adjustments, Late Payment Surcharge treatment, and recovery targets, thereby imposing retrospective financial burdens and undermining tariff stability . They submitted that the Impugned Decision violated statutory safeguards, due process, and legitimate expectations, leaving them no alternative remedy , but to approach this court under Article 199 of the Constitution.
-2- Learned counsel for Respondents submi tted that the Petitioners have already filed appeals before the NEPRA Appellate Tribunal, which are to be decided within four months, rendering the petitions under Article 199 of the Constitution non- maintainable, in presence of remedy of appeal under the law. At this stage, the l earned counsel for the Petitioners proposed that the pending appeals be heard and decided by the tribunal in accordance with law and, in the meantime, the Impugned Decision passed in the present petitions shall remain in abeyance. Learned DAG is of the same view, prima facie, this proposal seems to be reasonable and acceded to it. Without touching the merits of the case , since the petitioners’ appeals before the NEPRA Appellate Tribunal is pending adjudication as such the same appe als needs to be decided by the Tribunal within three months positively. Meanwhile, the interim order of this Court shall remain in force , till final decision by the tribunal in the appeals so filed. These petitions along with pending application(s) are d isposed of accordingly, with a copy of this order to be communicated to the registrar of NEPRA Appellate Tribunal for compliance.
J U D G E J U D G E Ashraf