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Petitioner: PROVINCE OF THE PUNJAB VS Respondent: Messrs ELECTROGAS
Court Name: Lahore High Court Judge(s): Abaid Ullah Khan Title: PROVINCE OF THE PUNJAB vs Messrs ELECTROGAS Case No.: Civil Revision No, 41 of 1983 Date of Judgment:1984-02-26 Reported As: 1985 MLD 251 Result: Revision accepted
JUDGMENT
JUDGMENT ' The facts relevant for the purposes of disposal of this petition seeking revision of the order of the learned Civil Judge, Lahore, dated the 9th April, 1981, injunction the petitioner from recovering the amount of Rs,1,62,225 from the respondent till the decision of the suit instituted by the latter and of the learned Additional District Judge, Lahore, dated thy 10th May, 1982, affirming in appeal the decision of the learned trial Court are these. Messrs.',' Electro gas, the respondent, entered into contract with the Province of the Punjab, the petitioner, to supply to the latter 63 air-conditioners of 11 tons capacity either of National brand Japan made or of Philco brand U.S.A. Made for Rs,12,500 each. As the 'respondent failed to honor its commitment, the petitioner, according to the terms of the contract, made purchases of air-conditioners at the former's risk and cost and called upon it, after giving show-cause notice, to pay Rs,1,62,225 which, expense the petitioner had to incur over and above the contract price. The petitioner intimated the respondent that if it failed to pay the amount the case would be referred to the Collector for recovery of the same as arrears of land revenue. Thereupon the respondent initiated' suit seeking declaration that the petitioner's demand was illegal and prayed for issuance of permanent injunction restraining the petitioner from recovering the amount. 2. The respondent built up its case on the premises that the Government had banned the import of air-conditioners from abroad and, therefore, it could not import them and as there were no air - conditioners available in the local market it could not supply them and thus the contract stood frustrated. The learned trial and the appellate Courts below seem to have been influenced by the process of reasoning adopted by the respondent. However, none of the conditions of the contract stipulated that the respondent was to supply the air-conditioners after importing them from
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abroad or that the Government was in any way to afford it facility for the import of the air- conditioners, It was to supply the air-conditioners ex-stock; the petitioner was not in any way concerned with the source of supply. In these circumstances the thinking of the learned Courts below that the contract stood frustrated as it had become impossible for the respondent to import the air-conditioners is not legally tenable. The respondent had no prima facie case warranting issuance of temporary injunction pendente lite. The impugned orders of the learned Courts suffer from patent illegality. Therefore, the petition is accepted, the impugned orders are set aside and the respondent's application for grant of temporary injunction is dismissed. The petitioner will get costs of this petition from the respondent.