| Case ID |
17482c7b-21f8-49b1-a1ca-87d7df4f2a03 |
| Body |
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| Case Number |
Suit No.205 of 2008 |
| Decision Date |
Nov 03, 2008 |
| Hearing Date |
|
| Decision |
The court dismissed the applications for interim injunction and rejection of plaint, concluding that the plaintiff had not established a prima facie case nor demonstrated that irreparable harm would occur without the injunction. The court emphasized that the plaintiff's bid was non-responsive due to insufficient bank guarantee validity, thus the dispute should be resolved through arbitration as per the contract terms. The suit was barred under the Arbitration Act due to the existence of an arbitration clause in the contract, which the plaintiff did not utilize. |
| Summary |
In the case of Suit No.205 of 2008 before the Sindh High Court, the plaintiff, Muhammad Ayub & Brothers, sought a temporary injunction against the Province of Sindh regarding a construction contract. The court evaluated the application based on the principles for granting an interim injunction, which require a prima facie case, balance of convenience, and potential for irreparable loss. The court found that the plaintiff's bid was deemed non-responsive due to an insufficient bank guarantee as per the bidding documents. Therefore, the court ruled that the appropriate forum for resolving such disputes was arbitration, as specified in the contract, and dismissed the suit under the provisions of the Arbitration Act. This case highlights the importance of adherence to bidding conditions and the necessity of utilizing arbitration for contract disputes, ensuring that parties follow agreed-upon dispute resolution mechanisms. Key terms include 'temporary injunction', 'prima facie case', 'arbitration', and 'contract law'. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Arshad Noor Khan
|
| Lawyers |
Bilal A. Khawaja,
Muhammad Yousaf Leghari
|
| Petitioners |
Muhammad Ayub & Brothers
|
| Respondents |
Province of Sindh through Secretary Irrigation and Power Department, Karachi
|
| Citations |
2009 SLD 141,
2009 CLD 194
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877),
Partnership Act (IX of 1932),
Arbitration Act (X of 1940)
|
| Sections |
R-1,O.XXXIX,Rr.1,2,
S.54,
S.69,
S.34
|