| Case ID |
38d475bb-d17d-4cac-a221-147541e1a851 |
| Body |
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| Case Number |
Civil Appeal No. 1347 of 1995 |
| Decision Date |
Sep 19, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal of the appellant, affirming the concurrent findings of the lower courts. The court ruled that the modified award, which was made rule of the court, was a valid and enforceable agreement between the parties. The appellant's claim that the modified award constituted a new agreement was rejected. The court highlighted the importance of arbitration as a means of resolving disputes efficiently and emphasized the supervisory role of courts in arbitration matters, rather than an appellate one. The court found no legal flaws in the judgments of the lower courts, which had thoroughly considered the evidence and facts before reaching their conclusions. Consequently, the appeal was dismissed with no order as to costs. |
| Summary |
This case involves a civil appeal concerning an arbitration award related to a construction dispute between Waheed Brothers (Pakistan) Ltd. and Izhar (Pvt.) Ltd. The Supreme Court of Pakistan addressed issues surrounding the execution of the modified arbitration award and the claims made by the appellant regarding set-off and the execution application filed by the respondent. The court emphasized the significance of arbitration in expediting dispute resolution and clarified the nature of the court’s role in reviewing arbitration awards. It determined that the lower courts had appropriately assessed the facts and that the modified award was binding upon the parties. This decision reinforces the principles of arbitration and the necessity for parties to adhere to agreed terms. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
WAHEED BROTHERS (PAKISTAN) LTD.,
IZHAR (PVT.) LTD.
|
| Judges |
Nazim Hussain Siddiqui,
Javed Iqbal
|
| Lawyers |
K.M.A. Samdani, Advocate Supreme Court,
Anwar Kamal, Advocate Supreme Court
|
| Petitioners |
Messrs WAHEED BROTHERS (PAKISTAN) LTD., LAHORE
|
| Respondents |
Messrs IZHAR (PVT.) LTD., LAHORE
|
| Citations |
2002 SLD 1158,
2002 SCMR 366
|
| Other Citations |
Not available
|
| Laws Involved |
Arbitration Act (X of 1940),
Civil Procedure Code (V of 1908)
|
| Sections |
15,
30,
20,
19
|