Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction---Scope---Contractual dues, recovery of---Scope---Petitioner sought recovery of its contractual dues from government department through invocation of constitutional jurisdiction of High Court---Contention of petitioner was that he could not be non-suited on the ground of forum non conveniens as technicalities must not come in the way of substantial justice---Validity---Petitioner was unable to proffer any justification as to why the forum of appropriate jurisdiction was not approached for the redressal of its grievance---Alternate remedy was clearly available to the petitioner and in such context resort to Art.199 of the Constitution was misconceived---Disputed question of fact and/or contractual matters were not generally amenable for determination in the exercise of constitutional jurisdiction---Petitioner might have prima facie demonstrated the existence of a commercial claim before the court, however, such a claim did not become actionable before the constitutional jurisdiction of High Court---Constitutional petition, being not maintainable, was dismissed. 2005 MLD 233 and PLD 2001 SC 116 distinguished. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction---Questions of fact---Contractual matters---Scope---Disputed question of fact and/or contractual matters are not generally amenable for determination in the exercise of constitutional jurisdiction. 2015 PLC 45; 2015 CLD 1257; PLD 2011 SC 44 and PLD 2007 SC 642 ref. (c) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction---Contractual controversies---Scope---Contractual controversies are not amenable to resolution before the constitutional jurisdiction of the High Courts. Province of Sindh v. Abdul Sattar Arbani C.P. 654-K of 2018 ref. JUDGMENT AGHA FAISAL, J.---- The petitioner, being a purveyor of metals, has filed this petition seeking recovery of its contractual dues from the Pakistan Steel Mills Corporation Limited (PSM / Respondent No.2). 2. The brief facts pertinent hereto are that PSM invited bids for the supply of aluminum ingots and the petitioner made deliveries in pursuance thereof.…

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