NATIONAL TELECOMMUNICATION CORPORATION vs ZAHRA COMMUNICATIONS Ss — 2025 CLC 1260 KARACHI-HIGH-COURT-SINDH

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NATIONAL TELECOMMUNICATION CORPORATION VS ZAHRA COMMUNICATIONS Ss. 17 & 30---arbitral award----Interference by High Court in appellate jurisdiction---Scope---Different claim of damages---Determining criteria---arbitration proceedings---announcement of award---Single Judge made the award rule of the court---Objections were raised by the appellant qua award of general damages---Validity---arbitrator had set out the grounds for rejection and denial of claims and rejected eight (8) out of thirteen (13) claims filed by the respondent based on the evidence brought on record---Where an arbitrator awards general damages, the absence of documentary evidence for the assessment of such damages does not automatically warrant setting aside the award---General damages are distinct from special damages, which require proof of actual losses---Courts may invoke the "rule of thumb" to award general damages where legal rights have been violated, and there is no precise yardstick for assessment, provided the determination satisfies the conscience of the court based on the facts and circumstances of the case---Division Bench of High Court had not found any "legal misconduct" or "moral misconduct" on part of the arbitrator---appellant (NTC) had not made out a case to identify precisely where the arbitrator had travelled beyond his jurisdiction---Division Bench of High Court could have considered setting aside the award if there was any error, factual or legal, which floated on the surface of the award, but appellant had failed to make such demonstration before it---No irregularity or perversity was found in the judgment passed by the Single Judge, making the arbitral award a rule of the court---High Court appeal was dismissed, in circumstances.

NATIONAL TELECOMMUNICATION CORPORATION vs ZAHRA COMMUNICATIONS Ss — 2025 CLC 1260 KARACHI-HIGH-COURT-SINDH

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