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SAMSONS GROUP OF COMPANIES vs PANTHERS DEVELOPERS Ss — 2022 MLD 1514 ISLAMABAD

Case information

Citation
2022 MLD 1514 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
MLD
Parties
SAMSONS GROUP OF COMPANIES vs PANTHERS DEVELOPERS Ss
Subject matter
Civil
Provisions referred to
S. 76; S. 41; Civil Procedure Code (V of 1908)

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

SAMSONS GROUP OF COMPANIES VS PANTHERS DEVELOPERS Ss.20, 41 & Second Schedule, Sr. No.1---Civil Procedure Code (V of 1908), S.76 & O.XX1, R.26---arbitration proceedings---Local Commission, appointment of---Scope---During arbitration proceedings before Trial Court, on application filed by defendant, Local Commission was appointed to inspect site of work---Validity---application under S.41 of arbitration act, 1940, was filed before Trial Court, who pursuant to proceedings under arbitration agreement had jurisdiction to pass orders which were mentioned in Second Schedule to arbitration act, 1940---Orders under serial No.1 of Second Schedule to arbitration act, 1940, could be passed for detention, preservation and inspection of any property---Wording of O.XXI, R.26, C.P.C., could not be interpreted to the effect that Local Commission could only examine spot which was within territorial jurisdiction of the Court--- Provision of S.76, C.P.C. was not applicable as it pertained to issuance of Commission to another Court for examination of any person and not otherwise--- High Court declined to interfere in order passed by Trial Court as it did not suffer from any illegality or jurisdictional error---Constitutional petition was dismissed, in circumstances.

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