Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Award of contract for performance of civil work--Completion of work--Letter for issuance of taking over certificate--Certificate was issued on 30.10.2020 but with effect from 30.9.2020--Writ petition--Disposed of with direction--Scope of provisions of contract--Determination of effective date of taking over--Arbitral dispute--Assumption of jurisdiction--Arbitral mechanism--Challenge to--Controversy at hand-regarding determination of effective date of taking over in terms of conditions of contract clearly falls within scope of an arbitrable dispute, otherwise having factual dimensions as well--Submissions must fail; simplicitor, issuance of direction to treat constitutional petition as representation and to decide same by a speaking order would not substitute arbitral mechanism provided in terms of contractual arrangement, which has been agreed and consented to by parties at time of execution of contract--Pertinent issue is not simplicitor of availability of alternate remedy but jurisdiction when dispute squarely falls within scope of an arbitral mechanism and per se qualifies as an arbitrable dispute--Court is not inclined to embark upon an exercise to adjudicate upon, determine and decide dispute(s), by substituting dispute resolution mechanism--Petition dismissed. 1974 SCMR 51 ref. ORDER C.M No. 3 4 of 2021 These applications seek permission to place certain documents on record, which are taken on record subject to all just and legal exceptions. Main case 2. Petitioner hereby impugns order dated 20.11.2020 by Respondent No. 2, passed pursuant to the direction issued by this Court vide order dated 09.11.2020 in W.P. No. 57567/2020. 3. Petitioner was awarded contract for performance of civil works relating to Lahore Orange Line Project-1-Package-1, Dera Gujran to Chauburji Chowk, Lahore. Barring unnecessary details, the crux of the matter is that petitioner claimed that works assigned were substantially completed and project was officially handed over by 29th April 2019. Thereafter, petitioner approached LDA, vide letter of 02.05.2019, and sought for issuance of Taking Over Certificate, which certificate was lately…

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