SOCIETY FOR COMMUNITY DEVELOPMENT (SCD), through EXECUTIVE DIRECTOR vs UNITED NATIONS INTERNATIONAL CHILDREN E

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SOCIETY FOR COMMUNITY DEVELOPMENT (SCD), through EXECUTIVE DIRECTOR VS UNITED NATIONS INTERNATIONAL CHILDREN EMERGENCY FUND, (UNICEF), PAKISTAN S.9---Specific Relief act ( I of 1877), S. 42---Suit for declaration and recovery of damages etc.---agreement contained clause regarding "Resolution of Differences"---availability of alternate remedy---Civil Court, Jurisdiction of---Scope---Plaintiff/company and defendant / United Nations International Children Emergency Fund (UNICEF) entered into an agreement by introducing as Program Cooperation agreement (PCa) for a period of one year---Plaintiff, being aggrieved from the audit Findings of PCa conducted by the defendant, sought declaration that the said audit was biased and contrary to the provisions of PCa---Held, that PCa contained Clause 55 regarding "Resolution of Differences" which stipulated that if there was a dispute, controversy or claim between the parties they would try to reach agreement amicably by direct negotiation and if no agreement could be reached within the period of thirty (30) days, then the dispute or controversy or claim would be decided by the UNICEF Regional Director for the region (that included Pakistan) and the Chief Executive of partner meeting together, in person or otherwise, to consider such matter---In said respect, it was noted that the appellant/plaintiff without availing the alternate remedy as provided under relevant Clause of the PCa, approached the inappropriate forum i.e. Civil Court for redressal of his grievances---Suit before the Civil Court was not competent before exhausting the available remedy under the law---Where a special remedy was provided, the same could not be bypassed and the Civil Courts should not be approached directly without exhausting the proper forum in the hierarchy for the subject purpose---Jurisdiction of Civil Courts was also impliedly barred where an alternate remedy had been provided under the law, provided that the authority was not exercised in excess of the jurisdiction conferred upon the authority---appellant/plaintiff had failed to point out any illegality, irregularity or perversity in the impugned ex-parte judgment and decree passed by the Trial Court dismissing his suit---appeal was dismissed, in circumstances.

SOCIETY FOR COMMUNITY DEVELOPMENT (SCD), through EXECUTIVE DIRECTOR vs UNITED NATIONS INTERNATIONAL CHILDREN EMERGENCY FUND, (UNICEF), PAKISTAN S — 2021 CLC 1379 QUETTA-HIGH-COURT-BALOCHISTAN

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