MUHAMMAD IRSHAD & CO. vs SECRETARY GOVERNMENT KHYBER PAKHTUNKHWA, COMMUNICATION AND WORKS DEPARTMENT, PESHAWAR S — 2025 CLD 1528 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 CLD 1528 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: CLD
Parties: MUHAMMAD IRSHAD & CO. vs SECRETARY GOVERNMENT KHYBER PAKHTUNKHWA, COMMUNICATION AND WORKS DEPARTMENT, PESHAWAR S
Subject matter: Constitutional
Provisions referred to: S. 17---C

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

MUHAMMAD IRSHAD & CO. VS SECRETARY GOVERNMENT KHYBER PAKHTUNKHWA, COMMUNICATION AND WORKS DEPARTMENT, PESHAWAR S. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Arbitration---Rule of Court, assailing of---Extraneous remarks by Arbitrators in Award---Petitioner was aggrieved of not including in Rule of the Court, the escalation amount calculated by Arbitrators---Validity---Erroneous interpretation of law and/or clauses of contract made by Arbitrators could be set aside by Referee Court---Referee Court had rightly concluded that escalation was part of contract and provisions of Pakistan Engineering Council guidelines had been wrongly applied to the contract, therefore Arbitrators' interpretation in such regard was validly set aside---Regardless of correct interpretation of relevant clause of contract and legal position in that regard orders passed by Referee Court had never been challenged and was duly implemented---Such orders attained finality and were binding on Arbitrators who were bound to follow the same---Arbitrators went way beyond the terms of reference as well as their powers and jurisdiction by sitting as a Court of Appeal on Referee Court's orders and any such remarks given by them were extraneous to the Terms of Reference and should have been discarded by Referee Court---Calculations finally made by Arbitrators had to have been made Rule of the Court---Order of Referee Court as well as Lower Appellate Court to the extent of issue pertaining to escalation cost were not sustainable in the eye of law and the same were set aside to that extent---High Court discarded remarks made by Arbitrators regarding non-admissibility of escalation---High Court made calculations with respect to escalation cost as Rule of the Court---Constitutional petition was allowed accordingly.

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