Supreme Court Restores Injunction for Artistic Milliners

Mohsin Tayebaly & Co. successfully represented Artistic Milliners (Private) Limited before the Supreme Court of Pakistan, which restored an interim injunction protecting the company’s status as the recorded user of gas connections installed at its leased industrial premises pending adjudication of the underlying dispute.

The matter arose from a dispute concerning gas connections installed at the Petitioner’s leased premises, where the Petitioner sought to restrain the Respondents from altering its status as the recorded user of the gas connections or interfering with the billing arrangements during the pendency of the Suit. The Gas Utility Judge granted interim relief in favour of the Petitioner; however, the order was subsequently set aside by the High Court of Sindh.

The Supreme Court allowed the appeal, holding that at the interim stage the Trial Court was only required to undertake a tentative assessment as to whether a prima facie case had been made out. The Court observed that the Appellate Court ought not to determine the merits of the dispute while deciding an appeal against an interlocutory order, as doing so would effectively prejudge the issues pending before the Trial Court.

Accordingly, the Supreme Court restored the Trial Court’s interim order, maintaining the Petitioner’s status as the recorded user of the gas connections pending the final adjudication of the Suit, while clarifying that the interim arrangement would not influence the Trial Court’s determination of the parties’ substantive rights.

The firm’s team in this matter was led by Amel Khan Kasi, Partner, and included Talha Javed, Senior Associate, and Zubair Hashmi, Associate.