| Case ID |
15961259-833b-4811-aab9-ee4264f34af1 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. Q-4 |
| Decision Date |
Apr 15, 1985 |
| Hearing Date |
Apr 15, 1985 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the decisions made by the District Judge and the High Court of Baluchistan. The Court found no merit in the arguments presented by the petitioner, who contended that the former High Court of Sind and Baluchistan lacked jurisdiction to hear the arbitration application. The Court confirmed that the cause of action arose partly in Karachi, thus justifying the jurisdiction of the High Court. Furthermore, the Court upheld the validity of the Sole Arbitrator's award and concluded that the petitioner was given adequate opportunity to defend its case. The petitioner's claims regarding inflated claims and time-bar issues were dismissed as they were not raised appropriately during the arbitration process. |
| Summary |
In the case of the Province of Baluchistan vs. Messrs Saleem Brothers, the Supreme Court of Pakistan addressed the petition for leave to appeal regarding an arbitration award related to a construction contract for the Nehar Bridge. The case revolved around the jurisdiction of the former High Court of Sind and Baluchistan and the validity of the Sole Arbitrator's award. The petitioner argued that the High Court lacked jurisdiction since the cause of action arose in Baluchistan, but the Court emphasized that the contract was executed in Karachi, thus supporting the High Court's jurisdiction. The Court found that the petitioner failed to raise crucial points during the arbitration and upheld the award, dismissing the petition due to lack of merit. This case highlights the importance of jurisdiction in arbitration matters and the need for parties to properly present claims during proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Messrs SALEEM Brothers
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH,
ABDUL KADIR SHAIKH
|
| Lawyers |
Raja M. Afsar, Advocate-on-Record for Petitioner,
Basharatullah, Advocate Supreme Court for Respondents
|
| Petitioners |
PROVINCE OF BALUCHISTAN
|
| Respondents |
Messrs SALEEM Brothers
|
| Citations |
1985 SLD 874,
1985 SCMR 1585
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Arbitration Act
|
| Sections |
Art. 185(3),
8,
30,
33
|