2008 PLP 254 (SCMR)
TEXTILE QUOTA MANAGEMENT and another — Petitioners Versus Messrs A.R.K. GARMENT INDUSTRY (PVT.) LIMITED — Respondents
| Citation | 2008 PLP 254 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Rana Bhagwandas and Saiyed Saeed Ashhad, JJ |
| Parties | TEXTILE QUOTA MANAGEMENT and another — Petitioners Versus Messrs A.R.K. GARMENT INDUSTRY (PVT.) LIMITED — Respondents |
| Primary Law | Imports and Exports (Control) Act (XXXIX of 1950) |
Q1: What are the key laws and sections cited in 2008 PLP 254 (SCMR)?
This judgment primarily cites: Imports and Exports (Control) Act (XXXIX of 1950) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 254 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Rana Bhagwandas and Saiyed Saeed Ashhad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 254 (SCMR) (TEXTILE QUOTA MANAGEMENT and another — Petitioners Versus Messrs A.R.K. GARMENT INDUSTRY (PVT.) LIMITED — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Akhtar Ali Mehmood, D.A.-G. and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioners.
- Bilal A. Khawaja, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record (absent) for Respondents.
Headnotes / Summary
(On appeal from the judgment, dated 20-3-2006 passed by High Court of Sindh Karachi in High Court Appeal No.161 of 2004).
S. 3
S.R.O.166(I)/92, dated 7-3-1992
Constitution of Pakistan (1973), Art.185(3)
Leave to appeal was granted to consider whether arbitrator was legally justified in allowing credit for excess export of quota exported by the respondent in addition to the sanctioned quota in the year 1992 on the basis of his performance and whether interpretation of Rules 8 & 9 of the S.R.O. 166(I)/92, dated 7-3-1992 issued under S.3 of Imports and Experts (Control) Act, 1950 could be sustained at law.
Judgment & Decree
Short question for consideration in this petition arising out of High Court judgment in High Court Appeal No.161 of 2004 upholding Sole Arbitrator's award is whether the learned Arbitrator was legally justified in allowing credit for excess export of quota exported by the respondent in addition to the sanctioned quota in the year 1992 on the basis of his performance and whether the interpretation of Rules 8 and 9 of the S.R.O. 166(1)/92, dated 7-3-1992 issued under section 3 of Imports and Exports (Control) Act, 1950 can be sustained at law. Leave to appeal is allowed, inter alia to consider the above questions. C.M.A. No.273-K of 2006.
Operation of the impugned judgment shall remain suspended till decision of the appeal. Appeal may be listed at an early date. H.B.T./T-11/SC Leave granted.