Case Details

Citation(s)
2014 SLG 825 2014 SLD 825 2014 MLD 1795
Sindh High Court
Constitutional Petition No. D-1451 of 2013, decided on 05-05-2014. Date of hearing: 10-02-2014.
IRFAN SAADAT KHAN, JUSTICE, ZAFAR AHMED RAJPUT, JUSTICE
Shehensha Hussain for Petitioners. Behzad Khan for
Respondent. Saifullah A.A.G. for
Respondent.

MESSRS N.A.A. CONSULTING ENGINEERS AND ANOTHER

VS

KARACHI METROPOLITAN CORPORATION THROUGH ADMINISTRATOR

Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Arbitration Act (X of 1940), S.2(a)---General Clauses Act (X of 1897), S. 24-A---Constitutional petition---Maintainability---Contractual obligation---Alternate remedy---Withdrawal of assignment order---Order, making of---Requirements---Contention of petitioners was that no show cause notice was issued nor they were provided any opportunity of hearing---Validity---Respondent-Authority had withdrawn assignment orders for the time being but same had not been cancelled or terminated and subject work had not been awarded/assigned to any other person or firm---No financial loss had accrued to the petitioners due to withdrawal of said assignment orders---Petitioners were entitled to the remuneration and reimbursable costs expenditure up to the effective date of termination in case of termination of any assignment orders as per conditions of contract executed between the parties---Issuance of any show cause notice or providing opportunity of hearing to the other party in a contract was not necessary---Necessity of issuing show-cause notice or providing an opportunity of hearing would arise when any disciplinary or penal action was required to be taken---Only an Authority, office or person conferred with the power to make any order or to give any direction under any enactment was obliged to give reasons for making such order or direction so far as necessary or appropriate---Respondents while issuing impugned letter had not acted as an Authority, office or person under any enactment but had acted as a promisor in a contract and they had not acted unfairly and unjustly---Controversies arisen out of a contract and contractual obligations could not be resolved and enforced through constitutional petition---Constitutional petition for enforcement of contractual obligation between promisor and promissee under an arbitration agreement was not maintainable---Petitioners had alternate remedy under Arbitration Act, 1940 to redress their grievances---Constitutional petition was dismissed in circumstances. Ali Hussain v. Karachi Municipal Corporation and 3 others PLD 1977 Kar. 601; Zonal Manager, U.B.L. and another v. Mst. Parveen…
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