SGEC-AMC J vs NATIONAL HIGHWAY AUTHORITY Ss — 2024 CLD 301 ISLAMABAD

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SGEC-AMC J VS NATIONAL HIGHWAY AUTHORITY Ss. 20, 34 & 39---Specific Relief act (I of 1877), Ss. 12, 42 & 54---Suit for specific performance of agreement, declaration and injunction---arbitration clause---Stay of proceedings---Dispute, non-mentioning of---appellant/plaintiff company was awarded contract for construction of carriageway but certain differences led to filing of suit---ad-interim injunction issued by Trial Court in favour of appellant/plaintiff was set aside under S. 34 of arbitration act, 1940---Validity---appellant/ plaintiff did not apply to respondent/defendant (National Highway authority) for extension of time for completion of the project---If NHa and/or Engineer, as the case was, had declined to accede to genuine request of appellant/plaintiff for the grant of extension in time, then appellant/plaintiff could have been in a good possible position to have blamed NHa for causing undue delay and creating hurdles in the way of appellant/plaintiff towards completion of project---In absence of such resort regarding seeking extension in completion period, appellant/plaintiff exposed itself to unsavory consequences, for which NHa could not be held responsible---It was neither a statutory nor a mandatory requirement of law that application under S. 34 of arbitration act, 1940, must specify disputes arising between the parties---Mere non-mentioning of disputes in application under arbitration act, 1940 would not render the application bad ipso facto---Court, by itself perusing arbitration clause in the contract and claim raised in the suit, would determine whether claim brought in suit, sought to be stayed or otherwise, was within the submission to arbitration---Trial Court did not just stay proceedings in the civil suit, but had also put aggrieved party at liberty to approach concerned forum by referring the matter to arbitration if so needed---High Court declined to interfere in order passed by Trial Court as the same was not suffering from any legal infirmity---appeal was dismissed, in circumstances.

SGEC-AMC J vs NATIONAL HIGHWAY AUTHORITY Ss — 2024 CLD 301 ISLAMABAD

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