PAKISTAN STATE OIL COMPANY LIMITED (PSO) vs GILLANI (PVT — 2025 CLD 1130 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 CLD 1130 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: CLD
Parties: PAKISTAN STATE OIL COMPANY LIMITED (PSO) vs GILLANI (PVT
Subject matter: Civil

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

PAKISTAN STATE OIL COMPANY LIMITED (PSO) VS GILLANI (PVT.) LIMITED Ss. 30 & 34---Intra Court Appeal---Suit for recovery of money---Arbitration proceedings---Objection to award---Appellant / plaintiff filed suit for recovery of money from respondent / defendant---During proceedings, respondent / defendant sought stay of proceedings and the matter was forwarded to arbitrator but on his failure to pay requisite fee to the arbitrator matter was delayed---Appellant / plaintiff sought the suit restored but Trial Court after recording of evidence dismissed the suit on ground that it could not have been restored---Validity---Award which had been made after issuance of a supersession order passed by Trial Court was liable to be set-aside---After order of restoring the suit was passed by Trial Court, award could not have been made by an arbitrator even if the matter had been referred back and decided in arbitration---Division Bench of High Court set aside the order passed by Judge in who Chambers of High Court who insisted on the matter only being decided through arbitration proceedings---Division Bench of High Court set aside judgment and decree passed against appellant / plaintiff and the matter was remanded to Trial Court for decision afresh---Intra Court Appeal was allowed, in circumstances.

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