Law: Public Procurement Regulatory Authority Ordinance (PPRA), 2002

Section: 2(f)

Law: Public Procurement Rules, 2004

Section: 2(1)(e),42

Law: Specific Relief Act, 1877

Section: 12,21(a)

Law: Arbitration Act, 1940

Section: 35

Law: Sale of Goods Act, (III of 1930)

Section: 58

Law: Civil Procedure Code (V of 1908)

Section: 1,2

(a) Public Procurement Regulatory Authority Act (XXII of 2002)--- ----S.2(l)---Public Procurement Rules, 2004, R.2(1)(e)---Public procurement---Interpretation of document---Contract for sale of goods and work---Distinction---Contract for sale has to be distinguished from a contract of work---Whether a particular agreement falls within one or the other category depends upon object and intent of parties, as evident by terms of contract, the circumstances in which it was entered into and custom of the trade---Substance of matter and not the form what is of the importance---If contract involves sale of moveable property as moveable property, it constitutes a contract for sale---If contract primarily involves carrying on of work involving labour and service and use of materials is incidental to execution of work, the contract would constitute a contract of work and labour---One of the circumstances which is of relevance is whether the article which has to be delivered has an identifiable existence prior to its delivery to purchaser upon payment of price---If article has an identifiable existence prior to its delivery to purchaser and when title to property vests with purchaser only upon delivery, that is an important indicator to suggest that contract is a contract for sale and not a contract for work. (b) Specific Relief Act (I of 1877)--- ----S.12---Arbitration Act (X of 1940), S.35---Specific performance of agreement---Effect of legal proceedings on arbitration---Remedy to plaintiff---Scope---When legal proceedings on subject matter of reference to arbitration have commenced, all further proceedings in the reference to arbitration are invalid---Even for assuming that all of factual submission of plaintiff were correct, this would still not entitle plaintiff to a specific performance of contract---Remedy to plaintiff remains of damages. PLD 2019 Sindh 400; 1995 SCMR 1431; 2018 CLC Note 40; 1995 CLC 1877; PLD 1976 Kar. 644; Commissioner Income Tax v. Siemen A.G. PLD 1991 SC 368; M. Hanif and another v. Rivaz Gardens Social Welfare Society 1983 SCMR 598; Jamal Ahmed v. Zakari 1987 MLD 295; H.A. Rahim, Sons v. Province of Sindh and another 2003 CLC 649; Arif Majeed…

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