MESSRS DEVELOPMENT CONSTRUCTION CORPORATION LTD., KARACHI vs WEST — 1971 PLD 292

Citation: 1971 PLD 292

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: MESSRS DEVELOPMENT CONSTRUCTION CORPORATION LTD., KARACHI vs WEST JUDGMENT

Headnotes

Case cited as PLD 1971 Karachi 292

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Ali Sayeed Title:MESSRS DEVELOPMENT CONSTRUCTION CORPORATION LTD., KARACHI vs WEST JUDGMENT Reported As: PLD 1971 Karachi 292 Result: Petition dismissed Judgment JUDGMENT This application under sections 5 and 41 of the Arbitration Act, 1940 has been brought to revoke the reference to arbitration of disputes between the petitioner and the first respondent. The reference, it is stated, is being heard by respondent No, 2, a sole arbitrator nominated by the first respondent. The case of the petitioners is that the work of construction of a high level bridge over the Malir River, Karachi was awarded to them on the 8th of November 1962, by the Pakistan Public Works Department (hereinafter called the Central P. W. .). Subsequently, after the petitioners had entered on the work, they were asked by the Central P. W. D. whether the petitioners were willing to work under the Provincial P. W. D. under the existing agreement. The petitioners signified their willingness to do so by their letter dated 6-11-1962 and stated that they had no objection to work with the Provincial P. W. D. on terms and conditions of the agreement signed by the Central P. W. D. Eventually the work was transferred by the Central P. W. D. to the Provincial P. W. D. on the 19th of December 1962. The contract with the Central P. W. D. included an arbitration clause embodied in its 25th clause. It would be useful to reproduce this clause: Clause 25:-- "Except where…

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