Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: PROVINCE OF PUNJAB Through Health Engineering Department VS Respondent: Messrs Sheikh MIR HASSAN HAJI MARDAN KHAN And Another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title:PROVINCE OF PUNJAB Through Health Engineering Department vs Messrs
Sheikh MIR HASSAN HAJI MARDAN KHAN And Another Case No.: Civil Petition for Leave to Appeal No.335-R of 1988 F.A.O. No.210 of 1976 Date of Judgment:1991-07-01 Reported As: 1991 SCMR 1342 Result: Leave granted Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought; against the dismissal by the High Court, of petitioner's appeal in an Arbitration matter. After hearing both the learned counsel and going through the relevant parts of the statement of the Arbitrator, we consider it a fit case to examine the question of misconduct in the light of the points raised in the petition. It is necessary to note that according to the learned counsel the controversial order dated 27-8- 1971 through which the Arbitrator adjourned the case for further proceedings at Faisalabad, without fixing the next date, is not available. The allegation against the Arbitrator is that in order to give undue advantage to the respondent, the remaining proceedings were curtailed by him due to his transfer from the `Office' by virtue of which alone he could act as Arbitrator. This question would also be examined. We accordingly grant leave to appeal. The order dated 27-8-1971 to be summoned. If not available enquiry about its disappearance should be held and responsible person/s to be dealt with according to law. Regarding petitioner's request for suspension of execution, learned counsel for the respondent states that it has already taken place as the respondent had received the amount. Learned Additional Advocate-General is not certain about it. We accordingly order that if the amount has not yet been paid, it shall not be paid till further orders. They in any case will have to obtain on a separate application regarding investment of the amount for the benefit of the party ultimately succeeding.