2008 PLP 572 (CLC)
CITY DISTRICT GOVERNMENT, KARACHI — Plaintiff Versus Messrs IFTIKHAR AND TAHA PROJECT MANAGEMENT AND CONSTRUCTION COMPANY — Defendant
| Citation | 2008 PLP 572 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | CITY DISTRICT GOVERNMENT, KARACHI — Plaintiff Versus Messrs IFTIKHAR AND TAHA PROJECT MANAGEMENT AND CONSTRUCTION COMPANY — Defendant |
| Primary Law | Contract Act (IX of 1872) |
Q1: What are the key laws and sections cited in 2008 PLP 572 (CLC)?
This judgment primarily cites: Contract Act (IX of 1872) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 572 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 572 (CLC) (CITY DISTRICT GOVERNMENT, KARACHI — Plaintiff Versus Messrs IFTIKHAR AND TAHA PROJECT MANAGEMENT AND CONSTRUCTION COMPANY — Defendant). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 37
Arbitration Act (X of 1940), S.22
Suit for performance of contract
Counsel for plaintiff had stated that no arbitration clause existed in any of the documents relating to the alleged dispute between plaintiff and defendant; that alleged dispute was to be settled in accordance with the contract and that dispute, if any between the principal and the contractor, was to be decided by the competent Authority who, in the case, was Nazim of the City District
Counsel had further contended that contrary to the contract agreement, matter had been referred to arbitrator fraudulently with the collusion and connivance of the contractor and some of the unscrupulous officials against whom departmental action was in the offing and that an application before the Arbitrator had been made for stoppage of arbitration proceedings as such proceedings had already been questioned
Contention of the plaintiff needed consideration
Proceedings before Arbitrator were suspended till next date by the High Court.
Judgment & Decree
MUNIB AHMAD KHAN, J.
Learned counsel undertakes to comply Office Objections Nos.2, 4 and 5 while No.1 is deferred till counter-affidavit is filed by the defendant.
2. Learned counsel for City District Government states that there is no Arbitration clause in any of the document relating to the alleged dispute between plaintiff and that intention of CDGK was clear by its minutes of meeting dated 10-6-2005 and that the alleged dispute is to be settled in accordance with the contract and that according to clauses 12 and 12-A of the contract/tender documents the dispute, if any between the Principal and Contractor to be decided by the competent authority, who in this case is Nazim of the City District Government. He further submits that contrary to the contract agreement, matter has been referred to Arbitrator fraudulently with the collusion and connivance of the contractor and some of the unscrupulous officials of the plaintiff against whom departmental action is in offing. He further states that an application before the learned Arbitrator has been made for stoppage of arbitration proceedings and the proceedings before him have been questioned. The contention needs consideration. Issue notice. Adjourned. Meanwhile, proceedings before Arbitrator are suspended till next date. H .B. T. /C-24/K Order accordingly.