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Petitioner: CONTROLLER OF INSURANCE VS Respondent: PLATINUM INSURANCE CO.LTD.
1987 S C M R 1597
1987 S C M R 1597
Present: Abdul Kadir Shaikh and Mian Burhanuddin Khan, JJ
CONTROLLER OF INSURANCE‑‑Petitioner
versus
Messrs PLATINUM 'INSURANCE CO. LTD.‑‑Respondent
Civil Petition for Leave to Appeal No.33‑K of 1987, decided on 11th March, 1987.
Civil Procedure Code (V of 1908)‑‑
‑‑‑O. XXIII, Rr. 1 & 2‑‑Constitution of Pakistan (1973), Art. 185(3)‑ Consent order‑‑Counsel for parties requesting for disposal of petition for leave to appeal on certain mutually agreed terms‑‑Petition converted into appeal, impugned order of High Court set aside and directions issued in terms of agreement between parties.
Abdul Khair Ansari, Advocate‑on‑Record for Petitioner. Riazul Hasan, Advocate Supreme Court and Muzaffar Hassan, Advocate‑on‑Record for Respondent.
Date of hearing: 11th March, 1987.
ORDER
ABDUL KADIR SHAIKH, J.‑‑This petition for leave to appeal from the order of Sind High Court dated 24‑12‑1986 arises out of certain dispute which arose after the Insurance Appellate Tribunal decided the case of an earlier dispute between the parties by the order dated 26‑7‑1986 passed by consent of the parties and remanded the case to the Controller of Insurance, petitioner herein, to decide the earlier dispute afresh, on merits, as soon as possible. After the case was remanded, certain disputes arose between the parties which led to the filing of constitution petition No.D/1296 of 1986 in the High Court by respondent‑company wherein it was prayed that petitioner herein be directed to decide the case of respondent which was remanded to him by the Insurance Appellate Tribunal at an early date and to refrain from interfering with the affairs of respondent company. Simultaneously, respondent also filed an application for grant of interim relief for issuance of injunction to restrain the petitioner from interfering with the affairs of the company and it was this application which was decided by the impugned order of the High Court dated 24‑12‑1986 by which interim relief prayed for was granted to the respondent.
After we heard the learned counsel ‑for the parties at some length they agreed that the petition may be converted into an appeal and be disposed of as follows:
(1) Petitioner shall dispose of the case which was remanded by the Insurance Appellate Tribunal by the order dated 26‑7‑1986 within about a month from today and the first date of hearing in this behalf is fixed for 19‑3‑1987.
(2) Petitioner may call upon respondent‑company to furnish any information etc., required under the law.
We, therefore, convert this petition into an appeal and allow it with the result that the impugned order of the High Court is set aside and the directions are issued in terms of the agreement between the parties as stated above. The parties are left to bear their own costs.
M.I./C‑6/K Order accordingly.