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SIEYUAN-NEIE-NAEEM & COMPANY vs The FEDERATION OF PAKISTAN art — 2022 CLC 516 ISLAMABAD

Case information

Citation
2022 CLC 516 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
CLC
Parties
SIEYUAN-NEIE-NAEEM & COMPANY vs The FEDERATION OF PAKISTAN art
Subject matter
Constitutional

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

SIEYUAN-NEIE-NAEEM & COMPANY VS The FEDERATION OF PAKISTAN art.199---Constitutional petition---Contractual liability---Recovery of money---Petitioner company completed a contract with respondents and sought recovery of its outstanding dues in foreign currency as well as in Pakistani Rupees---Plea raised by respondents was that amount would be paid on receipt of payment from another government entity---Validity---another government entity had no privity of contract with petitioner nor petitioner privy to any arrangement between respondents and another government entity---No provision existed in the contract which would make discharge of respondents' obligation to make payment to petitioner contingent on the receipt of payment from another government entity---Unjustified for respondents to make discharge of its admitted contractual liability to petitioner subject to payment of amount due from another government entity---No disputed or controversial question of fact was on record which required recording of evidence---High Court directed respondents to pay the amount due to petitioner as the same had been admitted---Constitutional petition was allowed, in circumstances.

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