NATIONAL HIGHWAY AUTHORITY vs SARDAR MUHAMMAD ASHRAF D BALOCH (PRIVATE) LIMITED Ss — 2025 CLD 230 ISLAMABAD

Case information

Citation: 2025 CLD 230 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: CLD
Parties: NATIONAL HIGHWAY AUTHORITY vs SARDAR MUHAMMAD ASHRAF D BALOCH (PRIVATE) LIMITED Ss
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

NATIONAL HIGHWAY AUTHORITY VS SARDAR MUHAMMAD ASHRAF D BALOCH (PRIVATE) LIMITED Ss. 17 & 29---arbitration---arbitral award as rule of Court---Contractual liabilities---Determination---Interest on decretal amount---appellant / National Highway authority (NHa) assailed order passed by Executing Court directing respondent / decree holder to provide accurate calculation of outstanding decretal amount in line with terms of decree under execution---Validity---Mere furnishing of bank guarantee did not result in payment of amount in question to respondent / decree holder---It was only when principal amount was actually paid to respondent / decree holder that accrual of financing charges on amount in question would continue until such date---appellant / NHa could have avoided paying substantial portion of financing charges if it had promptly complied with direction given by arbitrator in the award or even when judgment and decree was passed---appellant / NHa was well aware of terms of contract, including relevant clause thereof and adverse consequences which were to flow from non-compliance therewith, when it had decided to avoid its obligation under award and / or judgment and decree---Claim of respondent / decree holder was consistent with reports of two banks concerned as well as the judgment and decree read with award as a whole---Trial Court did not commit any illegality and had rightly directed respondent / decree holder to provide accurate calculation of outstanding decretal amount in line with terms of decree under execution---appeal was dismissed, in circumstances.

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