KARACHI SHIPYARD AND ENGINEERING WORKS LTD. KARACHI vs MESSRS — 1971 PLD 501

Citation: 1971 PLD 501

Court: Sindh High Court

Year: 1971

Decision Date: 1971-03-01

Parties: KARACHI SHIPYARD AND ENGINEERING WORKS LTD. KARACHI vs MESSRS GENERAL IRON AND STEEL WORKS LTD

Headnotes

Case cited as PLD 1971 Karachi 501

Judgment Text

Court Name: Sindh High Court Judge(s): Noorul Arfin Title:KARACHI SHIPYARD AND ENGINEERING WORKS LTD. KARACHI vs MESSRS GENERAL IRON AND STEEL WORKS LTD Case No.: Miscellaneous Application No, 1306 of 1970 in suit No, 426 of 1969 Date of Judgment:1971-03-01 Reported As: PLD 1971 Karachi 501 Result: Application accepted Judgment ORDER The question under this application is whether this suit should be stayed under section 34 of the Arbitration Act, 1940. This question has arisen in this way : On 25th February 1965, the parties entered into a contract whereby the defendants had to roll and supply to the plaintiffs steel structurals including short length angles. This agreement is Annexure 'A' to the plaint. Some time in August 1967, fifty tons of short length angles supplied by the defendants were rejected by the plaintiffs. The defendants were asked to replace these angles immediately. But they had no steel billets in their possession, and, accordingly, it is alleged, the plaintiffs loaned 51/867 metric tons of M. S. billets to the defendants, which were returnable to the plaintiffs on receipt by them of their consignment from abroad. It is stated that the defendants in fact did not return the M. S. billets. Consequently, the plaintiffs have brought this suit for return of the M. S. billets and, in the alternative, for payment of its price amounting to Rs, 72,613.80 at the rate of Rs, 1,400.00 per metric ton. The defendants made an application under section 34 of the…

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