| Case ID |
41a6b03f-dd81-4019-bf14-a7f61ba9d723 |
| Body |
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| Case Number |
Civil Revision No. 133 of 2015 |
| Decision Date |
May 31, 2016 |
| Hearing Date |
Apr 11, 2016 |
| Decision |
The Quetta High Court dismissed the petition for civil revision filed by Lafarge Pakistan Cement Ltd. The court upheld the trial court's decision, affirming that the civil court at Quetta had jurisdiction to hear the case regarding the recovery of an outstanding amount due to breach of contract. The court concluded that the cause of action had accrued at Quetta, where the plaintiff had supplied coal to the defendant, and that the contract was formed through correspondence, including emails and faxes. The ruling emphasized that the acceptance of the contract was effective from the place where the acceptance was posted, affirming that the jurisdiction of the trial court was valid. The court further clarified that any prior rulings cited were distinguishable based on the facts of the case. |
| Summary |
In the case of Lafarge Pakistan Cement Ltd. vs. M/S. Decent Coal Company, the Quetta High Court addressed critical issues concerning jurisdiction and the formation of contracts through correspondence. The petitioner, Lafarge, contended that the trial court in Quetta lacked jurisdiction, arguing that the contract was made in Islamabad. However, the court found that the cause of action arose in Quetta, where the coal was supplied. The ruling highlighted the importance of the location of contract acceptance and the principles of the Civil Procedure Code and Contract Act. This case underscores the significance of understanding jurisdiction in contractual disputes, particularly in the context of electronic communications. The final decision emphasized the validity of the trial court's jurisdiction, reinforcing that the suit could proceed in Quetta. This ruling is pivotal for businesses engaging in contracts across different jurisdictions, as it clarifies how and where legal actions can be instituted based on the place of contract formation and acceptance. |
| Court |
Quetta High Court
|
| Entities Involved |
LAFARGE PAKISTAN CEMENT LTD.,
DECENT COAL COMPANY
|
| Judges |
NAEEM AKHTAR AFGHAN
|
| Lawyers |
Taimoor Aslam for Petitioner,
Syed Ayaz Zahoor and Arthur Victor for Respondent
|
| Petitioners |
LAFARGE PAKISTAN CEMENT LTD. THROUGH ATTORNEY
|
| Respondents |
M/S. DECENT COAL COMPANY THROUGH MANAGING DIRECTOR
|
| Citations |
2017 SLD 1631,
2017 PLD 11
|
| Other Citations |
Rahmania Trading Co. v. Eagle Star Insurance Co. Ltd. PLD 1960 SC 202,
Registered Firm Sheikhan Industries v. West Pakistan Industrial Development Corporation PLD 1976 Quetta 94,
Abdur Rahim Baig v. Abdul Haq PLD 1994 Kar. 388,
American Pipe Co. v. State of U.P. AIR 1983 Cal. 186,
M/S. Progressive Construction Ltd. v. Bharat Hydro Power Corporation Ltd. AIR 1996 Delhi 92,
Businet International (Pvt.) Ltd. v. Aramex International (Pvt.) Ltd. 2001 CLC 104,
Baroda Oil Cakes Traders v. Parshottam AIR 1954 Bom. 491
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Contract Act, 1872
|
| Sections |
2,
10,
19,
20(c),
4
|