PROVINCE OF EAST PAKISTAN vs ABDUR RASHID — 1970 SCMR 319

Citation: 1970 SCMR 319

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: PROVINCE OF EAST PAKISTAN vs ABDUR RASHID

Headnotes

Case cited as 1970 SCMR 319

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Abdus Sattar, Mujibur Rahman Khan Title: PROVINCE OF EAST PAKISTAN vs ABDUR RASHID Case No.:Civil Petitions for Special Leave to Appeal Nos. 80-D and 81-D of 1969 Civil JUDGMENT Reported As: 1970 SCMR 319 Result: Petitions dismissed Judgment JUDGMENT M. R. KHAN, J.-These two petitions on behalf of the Province of East Pakistan for special leave to appeal are inter--related and this order will dispose of both of them. Civil Petition No. 80-D of 1969 is directed against the High Court's judgment refusing to interfere in revision with the decree passed by the Third Court of Subordinate Judge, Dacca, in Title Suit No. 82 of 1966. The said suit was brought by the respondent against the Province of East Pakistan under section 20 read with section 11 of the Arbitration Act, 1940 for removal of the sole arbitrator and for appointment of another arbitrator in his place. The respondent entered into a contract with the Province of East Pakistan for earth filling. A dispute arose under that contract. Under the Arbitration Clause contained in the con--tract, any dispute arising out of it was to be referred to the arbitration of the sole arbitrator who was the Superintending Engineer under the Government. In terms of that clause the respondent, by his letter, dated the 21st June 1966, referred the matter for arbitration by the sole arbitrator. The arbitrator, however, remained silent and took no steps whatsoever. It was only four days…

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