Order Sheet
IN THE HIGH COURT OF SINDH AT KARACHI
First Appeal No. 10 of 2015
|
Date |
Order with signature of Judge |
Hearing / priority :
1. For hearing of CMA No.4889/2015 (Stay) :
4. For hearing of Main Case :
26.02.2019 :
Mr. Abdul Haleem Siddiqui, advocate for the appellant.
Mr. Shahnawaz M. Sahito, advocate for the respondent
…………
Through this appeal under Section 7(1) of the Pakistan Telecommunication (Re-Organization) Act, 1996, the appellant has impugned decision given on 06.04.2015 by the respondent whereby license issued to the appellant to Establish, Maintain and Operate Data Class Value Added Services in Pakistan was suspended for a period of one month, as well as letter issued on 15.07.2015 whereby the said license was terminated by the respondent w.e.f. 06.05.2015. Learned counsel for the parties have been heard at considerable length. The impugned action was taken against the appellant due to non-payment of annual license fee and non-submission of annual audited accounts. It is an admitted position that subsequent to the impugned action by the respondent, compliance was made by the appellant by paying the outstanding annual license fee and submitting the requisite accounts. Learned counsel for the appellant has placed on record copy of letter dated 15.02.2019 whereby the respondent has acknowledged receipt of the annual license fee. Learned counsel for the respondent does not dispute the above position, but he submits that the respondent was fully justified in suspending and then terminating the appellant’s license in the above circumstances. It is stated on behalf of the appellant that the terms and conditions of the license shall be complied with in future.
Be that as it may, as the requirements / conditions of the license have been fulfilled by the appellant and at present there is no default on their part, the impugned decision and letter cannot be allowed to remain in the field, which are hereby set aside. However, the respondent will be at liberty to initiate action against the appellant strictly in accordance with law in case of breach of any of the terms and conditions of the license by the appellant in future. This appeal is allowed in the above terms with no order as to costs and listed application stands disposed of accordingly.
J U D G E