M. IMAM-UD-DIN JANJUA vs THE THAL DEVELOPMENT AUTHORITY THROUGH — 1972 PLD 123

Citation: 1972 PLD 123

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: M. IMAM-UD-DIN JANJUA vs THE THAL DEVELOPMENT AUTHORITY THROUGH JUDGMENT

Headnotes

Case cited as PLD 1972 Supreme Court 123

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title:M. IMAM-UD-DIN JANJUA vs THE THAL DEVELOPMENT AUTHORITY THROUGH JUDGMENT Reported As: PLD 1972 Supreme Court 123 Result: A. Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The appellant in both these appeals, who is a contractor, entered into two contracts with the respondent-Authority for construction of the Spinning sections of its Textile Mills at Liaquatabad and Bhakkar respectively. The contract works were completed on the 30th of April 1954 and the 30th of June 1954 respectively and final payments, in respect thereof, were made by the respondent-Authority on the 14th of July 1956 and the 20th of August 1956, after making certain deductions from the bills submitted by the appellant. The appellant, it is said, accepted these payments under protest but no written record of such protest has beer produced before the Court. Not being able to get the dispute resolved, the appellant, on the 20th of February 1957, served a notice upon the respon--dent to appoint an Arbitrator in terms of the Arbitration clause contained in each of his contracts. The respondent-Authority failed and neglected to nominate the Arbitrator. The appellant, thereupon, on the 29th of April 1957, applied to the Senior Civil Judge, Sargodha, under section 20 of the Arbitration Act, for filing the agreement and for the appointment of an Arbitrator by the Court. The Arbitrator so appointed filed his Award in the Court on the…

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