ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

H.C.A. No.304 of 2023

Date	Order with signature of Judge

Hearing (Priority) Case

1. For hearing of CMA No.4021/2023

2. For orders on office objection at ‘A’

3. For hearing of Main Case.

4. For hearing of CMA No.3675/2023

25-08-2026

Mr. Obaid ur Rehman, advocate for the appellant.

Mr. Talha Javed, advocate for respondents No.1 and 2.

Mr. Hassan Ali, advocate for respondent No.3-HBL.

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This High Court Appeal has been preferred against the order dated 31.08.2023 passed by the learned Single Judge whereby appellant’s injunction application [CMA No.8430 of 2022] under Order 39 Rule 1 and 2 read with Section 151 CPC was dismissed in Suit No.1192 of 2022. For the sake of ready-reference, the relevant portion of the order is reproduced hereunder:-

“Having considered that the Plaintiff’s case does not bring forth any exception to unsettle the general rule of non-interference with bank guarantees, and that the demand raised on the bank guarantees too meets the test of strict compliance, the Plaintiff does not have a prima facie case for the grant of a temporary injunction to stay payment under the bank guarantees, nor a case of irreparable harm. The balance of convenience is also in favour of the Defendant No.1. Therefore, CMA No.8430/2022 is dismissed.”

Learned counsel appearing on behalf of the Appellant, after addressing the Court at some length, submits that he would be satisfied if the instant appeal is disposed of with a direction to the learned Trial Court to decide the pending applications expeditiously, without being influenced by the observations made in the impugned order. Learned counsel appearing on behalf of the Respondents, without prejudice to the rights and contentions of their respective clients, extend no objection to the aforesaid request.

Accordingly, with the consent of learned counsel for the parties, the instant High Court Appeal, along with all pending applications, is disposed of with a direction to the learned Trial Court to take up and decide all pending applications in Suit No.1192 of 2022 expeditiously, strictly in accordance with law, after affording a fair and reasonable opportunity of hearing to all concerned parties.

It is expressly clarified that any observations or findings recorded in the impugned order dated 31.08.2023, particularly those relating to the bank guarantees and interim relief, are tentative in nature and shall not prejudice the case of either party. The learned Trial Court shall decide the pending applications, as well as the main suit, independently on their own merits and strictly in accordance with law, without being influenced by any observation made in the impugned order or during the course of the present appellate proceedings.

JUDGE

Naveed PA.