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MALIK & COMPANY vs CHAIRMAN PAKISTAN TOBACCO BOARD, PESHAWAR S — 2024 CLD 491 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 CLD 491 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
CLD
Parties
MALIK & COMPANY vs CHAIRMAN PAKISTAN TOBACCO BOARD, PESHAWAR S
Subject matter
Criminal
Provisions referred to
S. 20---; S. 20

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

MALIK & COMPANY VS CHAIRMAN PAKISTAN TOBACCO BOARD, PESHAWAR S. 20---arbitration---award made rule of the Court---Petitioner/contractor resisted payment of balance contractual amount and invoked arbitration clause---Trial Court appointed arbitrator who announced the award which was made rule of the Court---Validity---according to agreement, petitioner/contractor was required to make payment of balance amount in ten equal installments on monthly basis on first day of each month but not later than 10 of same month and the last final installment was due on 30-11-2002---Petitioner/contractor deposited an amount of Rs. 890,000/- with Pakistan Tobacco Board and an amount of Rs. 7,200,000/- along with penalty was to be paid---When petitioner/contractor was directed by the Board to deposit outstanding installment, he invoked arbitration clause of the agreement by way of filing an application under S. 20 of arbitration act, 1940---Question of loss suffered by petitioner/contractor on account of exemption letter issued by Pakistan Tobacco Board was properly determined in the agreement---Where two views were possible with regard to powers of an arbitrator and the ground upon which arbitration award could be set aside, the Court could not interfere with the award adopting its own interpretations---High Court declined to interfere in the matter---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2024 CLD

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