Pakistan Tobacco Company Limited vs Iftikhar Hussain Ss — 2025 YLR 585 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 585 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Pakistan Tobacco Company Limited vs Iftikhar Hussain 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

Pakistan Tobacco Company Limited VS Iftikhar Hussain Ss.14, 18 & 33---arbitration---arbitral award made rule of the Court---Condemned unheard---Necessary party, impleading of---Petitioners / companies were awarded contract by respondent / Pakistan Tobacco Board (PTB) for collection of Federal Tobacco Cess (FTC) on surplus tobacco stock etc.---Dispute between the parties arose with regard to charging for transportation of tobacco over and above the allotted quota---On direction of Court arbitration proceedings were initiated and award given by arbitrator was made rule of the Court---Validity---Trial Court directed impleading petitioners as necessary party to arbitration application---When petitioners were necessary parties to such application, they were also necessary party to arbitration proceedings and without impleading them no effective award, to the extent of liability of petitioners, could be announced---Such award could not be made rule of Court for the purpose of execution against the interest of petitioners---Necessary questions pertaining to quota of tobacco and its transportation were not answered---High Court set aside the award to the extent of findings of such issues and judgements and decrees were set aside to such extent as petitioners were necessary party to arbitration proceeding--- High Court remanded the matter to Trial Court for settlement of additional issues where petitionerswere to be made party to the application submitted by respondent / Pakistan Tobacco Board whereafter petitioners / companies would file their reply--- Revision was disposed of accordingly.

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