MESSRS QAMAR DIN AHMAD & Co. vs PAKISTAN AND ANOTHER — 1964 PLD 3

Citation: 1964 PLD 3

Court: Lahore High Court

Year: 1970

Decision Date: 1970-04-28

Parties: MESSRS QAMAR DIN AHMAD & Co. vs PAKISTAN AND ANOTHER

Headnotes

Case cited as PLD 1964 Kar 3

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, A. R. Sheikh Title: MESSRS QAMAR DIN AHMAD & Co. vs PAKISTAN AND ANOTHER Case No.: First Appeal from Order No, 167 of 1964 Date of Judgment:1970-04-28 Reported As: PLD 1971 Lahore 38 Result: Appeal dismissed JUDGMENT JUDGMENT A. R. SHEIKH, J.--Messrs Qamar Din Ahmad & Co., the appellant, entered into a contract with the Government of Pakistan in the Ministry of Defence, respondent No, 1, to construct a 100-bedded hospital at Wah, District Campbellpur, and one of the conditions of the contract (bearing No, F.A.C.-24/ 1958-59) was that disputes between the parties should be referred to a sole arbitrator to be nominated by the Ministry of Defence G. H. Q., Rawalpindi. The work was to be completed within eighteen months according to the time and progress chart attached to the contract. However, on the 4th of December 1959, the contract was rescinded on the ground of non-adherence to the time schedule and sub-letting the contract. The stores and material, etc., lying at the site and the security deposit and other assets belonging to the appellant were forfeited, which stores and articles were subsequently auctioned on various dates and a total recovery of Rs, 4,62,933.00 was made by respondent No, 1. The remaining work was got completed through another contractor for a sum of Rs, 5,50,000.00 at the risk and cost of the appellant, and accordingly after adjustment of the said amount of Rs, 4,62,933.00, a minus bill…

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