PEB STEEL ALLIANCE LIMITED vs EARTHQUAKE RECONSTRUCTION AND REHABILITATION AUTHORITY (ERRA) S — 2025 CLC 605 ISLAMABAD

Case information

Citation: 2025 CLC 605 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: CLC
Parties: PEB STEEL ALLIANCE LIMITED vs EARTHQUAKE RECONSTRUCTION AND REHABILITATION AUTHORITY (ERRA) S
Subject matter: Civil
Provisions referred to: S. 34---C; S. 34; Civil Procedure Code (V of 1908); Arbitration Act

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

PEB STEEL ALLIANCE LIMITED VS EARTHQUAKE RECONSTRUCTION AND REHABILITATION AUTHORITY (ERRA) S. 34---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for recovery of money---Stay of proceedings---Plaint not rejected---Proceedings in suit filed by appellant/plaintiff company were stayed by Trial Court due to arbitration clause in contract between the parties---Application under O. VII, R. 11, C.P.C. filed by respondents/defendants-Authorities for the plaint in the suit to be rejected on the ground that Court at place "I" did not have the territorial jurisdiction to adjudicate upon the suit, was dismissed---Plea raised by respondents/defendants-Authorities was that works under contracts were executed at place "M" and that contracts were also executed at place "M"---Validity---One of the respondent/defendant authority did not have its offices at place "I"---Dispute as to whether the contracts were executed between respondent/defendant authority and JV at place "I" or place "M" was also to be determined by Trial Court after recording of evidence---Whether or not respondent/defendant authority's excuse for payment of amount into JV account instead of payment through Letter of Credit in accordance with the provisions of the contracts was plausible or sustainable was also to be determined in an adjudicatory process in Trial Court in the suit instituted by appellant/plaintiff company---Trial Court did not commit any jurisdictional irregularity by dismissing application under O. VII, R. 11, C.P.C.---High Court set aside order of Trial Court staying proceedings, resultantly application under S. 34 of Arbitration Act, 1940 was dismissed---Appeal was allowed accordingly.

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