R. A. KARIM vs MESSRS THE KARACHI AMERICAN SOCIETY — 1970 SCMR 492

Citation: 1970 SCMR 492

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-13

Parties: R. A. KARIM vs MESSRS THE KARACHI AMERICAN SOCIETY

Headnotes

Case cited as 1970 SCMR 492

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: R. A. KARIM vs MESSRS THE KARACHI AMERICAN SOCIETY Case No.: Civil Petition for Special Leave to Appeal No. K-64 of 1969 Date of Judgment:1970-01-13 Reported As: 1970 SCMR 492 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-The claim by the petitioner that the recovery of Rs. 1,75,835.38 deducted by the respondent out of the running bills as retention money did not form subject-matter of the dispute before the Arbitrator and consequently was not included in the sum of Rs. 8,37,285 awarded in full and final satisfaction of the petitioner's claim for the construction of the school building is belied by the compromise deed Exh. 7 dated the 4th October 1965, which is to the effect: "Each of the said parties hereto hereby acquits, releases and discharges the other from all sums of moneys, claims, actions, proceedings, accounts, damages, expenses and demands and other matters whatsoever and howsoever arising or relating to the construction of the school buildings under the said Agreement of January 1964, whether the same be or be not the subject --matter of the said Arbitration and suit." Similarly in his letter dated the 15th October 1965, addressed to the respondent, the petitioner confirmed that: "there is no dispute, difference, or matter of any kind arising out of my relationship between myself and the Karachi Ameri--can Society which is now outstanding. If any is…

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