Law:

Section:

Arbitration Act (X of 1940)-------S. 18---Qanun-e-Shahadat (10 of 1984), Art.114---Suit for recovery of money---Arbitration clause, non-invoking of---Estoppel, principle of---Applicability---Plaintiff was a contractor and filed suit for recovery of escalation charges with regard to contract completed by him---Trial Court decreed the suit in favour of plaintiff---Plea raised by authorities was that at the time of clearance, plaintiff submitted "No Demand Certificate" and there was arbitration clause which he did not invoke---Validity---"No Demand Certificate" was of no help to authorities for non-suiting plaintiff as neither the same expressly mentioned any waivering of escalation charges nor there was any legal backing behind it which could debar plaintiff from claiming his due right---Arbitration clause was not one sided cycle and authorities themselves could have referred the matter to arbitrator who was their own officer but authorities were not serious in resolving dispute through arbitrator---Instead of directing plaintiff to approach court of law, authorities could have directed him to go for arbitration or they themselves could have sent the issue to arbitrator---Authorities were estopped to raise a plea and due to non-availing of arbitration clause plaintiff could not be non-suited---Plaintiff had proved his case for claiming escalation charges from department as on merit his claim for such charges had not been disputed by authorities and only on technical grounds, his claim was denied which denial and resistance was not based on any legal footings---Plaintiff was entitled to decree in his favour and Trial Court had committed no illegality in decreeing his suit---Decision of Trial Court was well-reasoned and was based on proper appreciation of facts and evidence produced before Trial Court---High Court in exercise of appellate jurisdiction declined to interfere in and decree passed by Trial Court---Appeal was dismissed in circumstances. JUDGMENT LAL JAN KHATTAK J.--- This regular first appeal is directed against the judgment and decree dated 22-4-2013 of the learned Civil Judge-IV, D.I.Khan whereby suit of the respondent, for the recovery of escalation…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492