PROVINCE OF EAST PAKISTAN vs MESSRS M. AHMAD & SONS AND 2 Other — 1971 SCMR 121

Citation: 1971 SCMR 121

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: PROVINCE OF EAST PAKISTAN vs MESSRS M. AHMAD & SONS AND 2 Other

Headnotes

Case cited as 1971 SCMR 121

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: PROVINCE OF EAST PAKISTAN vs MESSRS M. AHMAD & SONS AND 2 Other Case No.:Civil Petition for Special Leave to Appeal No. 23-D of 1970 Civil Revision No. JUDGMENT Reported As: 1971 SCMR 121 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal on behalf of the Province of East Pakistan from a judg--ment of a Division Bench of the High Court of East Pakistan in a revisional application under section 115 of the Code of Civil Procedure. The said revisional application was filed to call in question an order of the Subordinate, Judge, Third Court, Dacca, made in an application filed by the respondents herein under sections 11 and 12 of the Arbitration Act praying for the removal of the named arbitrator and appointment of another in his place. The respondents, who are contractors, executed some works in the Eden Buildings, Dacca. A dispute arose sometime in October 1965, with regard to the payment of some of their bills. The Executive Engineer raised various objections as to the work carried out by the respondents, held up the payment of one of their bills and- ultimately cancelled the same. A new bill was prepared by the Executive Engineer reducing the amount. The respondents accepted payment of the new bill under protest and brought the matter to the notice of the Superintending Engineer who was also the named arbitrator under…

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