PROVINCE OF KHYBER PAKHTUNKHWA vs TECHNICON ENGINEERS AND EPC CONTRACTOR GROUP Ss — 2021 CLC 818 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 818 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: PROVINCE OF KHYBER PAKHTUNKHWA vs TECHNICON ENGINEERS AND EPC CONTRACTOR GROUP Ss
Provisions referred to: S. 20; S. 33

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PROVINCE OF KHYBER PAKHTUNKHWA VS TECHNICON ENGINEERS AND EPC CONTRACTOR GROUP Ss.20 & 33---arbitration agreement---Proceedings---Respondents / plaintiffs filed application for decision of their dispute through arbitration---Trial Court declined to reject proceedings initiated for settlement of dispute through arbitration proceedings--- Validity--- No one was named in arbitration agreement, therefore, respondents/plaintiffs were left with no option but to submit application under S.20 of arbitration act, 1940--- Period of contract had already expired and there was a dispute which required resolution and that resolution could be made as per provisions of arbitration agreement, within which respondents/plaintiffs submitted their claim/dispute to Project Manager/Engineer but not fruitful result came out or no decision was made by Project Manager/Engineer---Petitioners / defendants through application under S.33 of arbitration act, 1940, intended to decide matter as the same could not be agitated before any forum---administration of justice required that decision between parties pertaining to dispute should be decided on merits and after proper application of mind, in accordance with law, rather than to be decided on technical grounds---Petitioners/defendants had taken hyper-technical grounds in their application, which application was to be decided along with application under S.20 of arbitration act, 1940---Revision was dismissed, in circumstances.

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