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 sought declaration to the effect that non-provision of leftover Liquefied Petroleum Gas (LPG) from the share of respondent was unlawful and that the petitioner had preferential right for the provision of the leftover LPG---Validity---Dispute between the petitioner and respondent had arisen from and was related to an agreement---LPG purchase agreement provided that the contractual dispute between the petitioner and respondent was to be settled amicably failing which the dispute shall be settled through arbitration---Primary dispute agitated by the petitioner in the writ petition was to be resolved in accordance with the agreement between the parties---True, the agreement required the producers of LPG base-stock to sell LPG to licensed LPG marketing companies but that placed no obligation on the respondent to sell LPG to the petitioner to the exclusion of any other licensed LPG marketing company without a tender bidding process---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…

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