Al Wakeelo
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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: CITY DISTRICT GOVERNMENT, KARACHI VS Respondent: Messrs IFTIKHAR AND TAHA PROJECT MANAGEMENT AND CONSTRUCTION COMPANY
Court Name: Sindh High Court Judge(s): Munib Ahmed Khan Title:CITY DISTRICT GOVERNMENT, KARACHI vs Messrs IFTIKHAR AND TAHA
PROJECT MANAGEMENT AND CONSTRUCTION COMPANY Case No.: Suit No,Nil of 2006 Date of Judgment:2006-07-25 Reported As: 2008 CLC 572 Result: Order accordingly Judgment ORDER ' MUNIB AHMAD KHAN, J.--- Learned counsel undertakes to comply Office Objections Nos.2, 4 and 5 while No,1 is deferred till counter-affidavit is filed by the defendant. 2. Learned counsel for City District Government states that there is no Arbitration clause in any of the document relating to the alleged dispute between plaintiff and that intention of CDGK was clear by its minutes of meeting dated 10-6-2005 and that the alleged dispute is to be settled in accordance with the contract and that according to clauses 12 and 12-A of the contract/tender documents the dispute, if any between the Principal and Contractor to be decided by the competent authority who in this case is Nazim of the City District Government. He further submits that contrary to the contract agreement, matter has been referred to Arbitrator fraudulently with the collusion and connivance of the contractor and some of the unscrupulous officials of the plaintiff against whom departmental action is in offing. He further states that an application before the learned Arbitrator has been made for stoppage of arbitration proceedings and the proceedings before him have been questioned. The contention needs consideration. Issue notice. Adjourned. Meanwhile, proceedings before Arbitrator are suspended till next date.
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