Litigation
The firm is currently representing eight Independent Power Producers (IPPs) under the 2002 Power Policy in the Supreme Court on the non-payment by NTDC of their outstanding dues amounting to over Rs. 50 Billion despite the fact that the Government of Pakistan has issued them Sovereign Guarantees in this regard.
The firm is also representing 54 industrial undertakings in a petition filed under Article 184(3) of the Constitution of Pakistan, 1973 to challenge the decision given by the Peshawar High Court regarding the interpretation of Article 158 of the Constitution. The main question in this Petition is whether given the national shortage of natural gas, load-shedding should be uniformly applied throughout the whole country or whether those provinces which produce more natural gas than they consume should receive preferential treatment? Needless to say, this is a question of the utmost national importance which has huge economic and political ramifications both for industry as well as for the future of the Federation.
The firm has regularly advises clients and handles cases arising out of or under the Electricity Act, 1910, the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 (the NEPRA Act), etc.. The firm appears at all levels in such cases.
The firm is currently representing Warid Telecom Pakistan (which is one of the largest telecom companies in Pakistan) in a petition filed before the Sindh High Court to challenge the imposition of electricity duty on the electricity generated by the generators installed at the 850 BTS sites throughout the Province of Sindh. The firm has successfully obtained an interim order restraining the Province from taking any coercive measures against Warid.
The firm has recently, acted for a client in a dispute with the Karachi Electric Supply Company Ltd. (KESC) in which KESC had challenged the actions of our client in supplying electricity from one of its own factories to another factory of its own situated close by. KESC has alleged that this was an infringement of KESC's distribution license. Furthermore, the firm is currently defending a client which is supplying electricity to the Pakistan Navy in a case filed by KESC claiming that the Pakistan Navy does not have the legal right to purchase electricity from our client. KESC had obtained an ex parte stay order restraining our client from supplying electricity to the Navy. The firm was able to get the injunction modified to the satisfaction of our client.
The firm is currently representing Indus Motor Company in a dispute with KESC over the excess billing by KESC.
The firm recently represented KESC in a Constitutional Petition involving the constitutionality and the interpretation of the Industrial Relations Act, 2012. The firm was able to persuade the Supreme Court to dismiss the Petitions filed by the KESC employees.
The firm is currently representing Tapal Energy in various Income Tax References pending in the Sindh High Court.
Transactional Work
The firm has been involved in advising both the sponsors and lenders in the drafting, negotiating and finalizing of project and security documents.
The firm was engaged by Gul Ahmed Energy in its financing of a 120 MW Power Project by international agencies and financial institutions. The firm handled all aspects of the matter and was involved in negotiating and drafting all the Agreements with the power purchaser, the Engineering and Procurement Contractor, the Operation and Maintenance Contractor, etc. It continues to advise GAEL on a regular basis.
In recent times, the firm has acted for a syndicate headed by National Bank which was financing a combined cycle power project in Jhang, Punjab. It helped revive an earlier licensed project and drafted and negotiated the finance agreements with the sponsors and the Power Project Agreement and the Implementation Agreement with governmental bodies.
The firm also acted as the local counsel for the acquirers of two Punjab based IPPs.
The firm is acting for the sponsors of two 50 MW wind power projects (Gul Ahmed Wind Power and Metro Wind Power) being set up in Gharo, Sindh for which negotiations with financial institutions and for the procurement of wind turbines are continuing.
The firm also advises Sapphire Power, Nishat Power and several other IPPs based in Punjab on their various disputes involving interpretation of the project agreements, the relevant laws and the regulatory framework.