MUHAMMAD AREF EFFENDI versus EGYPT AIR, KARACHI

A. XXXIX, another 2 provisional injunction defendant Plaintiff appoints General Sales Agent for Pakistan as part of its international commercial airlines contract but declares the defendant to proceed under a separate contract article, agency Notice of issuance of notice of suspension of the plaintiff to terminate the agency is illegal, unlawful and against a contractual agreement not to terminate the contract for a reasonable time, as well as affect the notice of dismissal of the agency to the defendants. Appeals are also being made to prevent the scene from occurring: without stating that the plaintiff has taken any initiative In the case of any negative contract being designated, it is very good to provide the express period of 60 days without any reasonable notice to terminate the contract and for further examination. It is necessary to maintain the status quo until further order

1981 C L C 993

[Karachi]

Before Ajmal Mian, J

MUHAMMAD AREF EFFENDI---‑Plaintiff

versus

EGYPT AIR, KARACHI‑Defendant

C. M. A. No. 4820 in Suit No. 1079 of 1979, decided on 18^th December, 1979.

Civil Procedure Code (V of 1908)‑---

----‑‑ O. XXXIX, rr. 1 & 2‑Temporary injunction‑Defendant appointing plaintiff as general sales agent for its international commercial airlines for Pakistan under an agreement but defendant purporting to act under one of articles of agreement issuing, notice of termi nation of agency‑Plaintiff filing suit for declaration of termination of agency as mala fide, illegal and being against implied agreement not to terminate agreement for a reasonable time and also applying for issuance of injunction restricting defendants from giving effect to notice of termination of agency‑Held: Without expressing whether plaintiff made out any prima facie case contention as to there being an implied negative covenant not to terminate agree ment without a reasonable notice notwithstanding express term providing a period of 60 days appears to be ingenious and requires further examination‑Maintenance of status quo till further order in circumstances ordered and a fresh notice issued to defendant to contest plaintiff's application.‑[injunction].

Martin Baker Aircraft Ltd. and another v. Canadian Flight Equipment Ltd. (1955) 2 Q B 556 and London Borough of Hounslow v. Twickhenham Garden Developments Ltd. (1970) 3 All E R 326 ref.

Sharifuddin Pirzada, Attorney‑General of Pakistan assisted by Liaquat Merchant for Plaintiff.

Nemo for Defendant.

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