Law: Constitution of Pakistan, 1973

Section: 199

Law: Arbitration Act, 1940

Section: 34

(a) Constitution of Pakistan--- ----Art.199---Arbitration Act (X of 1940), S.34---Constitutional petition---Enforcement of contractual obligation---Arbitration clause---Scope assailed letter issued by respondent whereby it had been declared that its contractual relationship with the petitioner for supply of Liquefied Petroleum Gas (LPG) had come to an end---Validity---High Court, in exercise of its constitutional jurisdiction, could not direct respondent to continue its contractual relationship with the petitioner despite the fact that the period for which the contract was executed had lapsed---If petitioner was of the view that the decision of respondent not to further extend the term of contract was in violation of the provisions of contract, at best, the petitioners remedy laid in damages and not by seeking a writ of mandamus directing respondent to continue its contractual relationship with the petitioner---Such dispute could be resolved in accordance with the arbitration clause of the contract---Constitutional petition was dismissed, in circumstances. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction---Enforcement of contractual obligation---Scope---Ordinarily, the High Court, in exercise of its jurisdiction under Article 199 of the Constitution, does not entertain a petition seeking the enforcement of rights under a contract executed with an instrumentality of the State. (c) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction---Alternate remedy---Scope---When an alternative and equally efficacious remedy is open to a litigant, he should be required to pursue that remedy and not invoke the constitutional jurisdiction of the High Court for the issuance of a writ. (d) Constitution of Pakistan--- ----Art.199---Arbitration Act (X of 1940), S.34---Constitutional jurisdiction---Power to stay legal proceedings where there is an arbitration agreement---Scope---Where there exists an arbitration agreement, the parties are required to get their disputes arising out of the contract adjudicated by the domestic forum created by them. (e) Constitution of Pakistan--- ----Art.199---Arbitration Act (X of 1940), S.34---Constitutional…

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