| Citation(s) |
|---|
| 1976 SLG 278 1976 SLD 278 1976 SCMR 316 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-113 of 1975, decision dated: 24th October 1975
HAMOODUR REHMAN, C.J. MUHAMMAD YAQUB ALI AND SALAHUDDIN AHMED, JJ
Nasim Ahmad Farouqui, Advocate Supreme Court instructed by V. A. Kidwai, Advocate-on-Record for Petitioner Saeed A Shaikh, Advocate Supreme Court instructed by S. Amer Ali, Advocate-on-Record for
Respondent
Civil Petition for Special Leave to Appeal No. K-113 of 1975, decision dated: 24th October 1975
HAMOODUR REHMAN, C.J. MUHAMMAD YAQUB ALI AND SALAHUDDIN AHMED, JJ
Nasim Ahmad Farouqui, Advocate Supreme Court instructed by V. A. Kidwai, Advocate-on-Record for Petitioner Saeed A Shaikh, Advocate Supreme Court instructed by S. Amer Ali, Advocate-on-Record for
Respondent
Messes MACDONALD LAYTON & COSTAIN LTD.
VS
MESSRS AVARI HOTELS LTD.
Law:
Section:
Constitution of Pakistan (1973)--- -- Art. 185(3) -Matter in dispute already taken in appeal before High Court and appeal also admitted for hearing-Matter held, should first be decided by High Court-Petition for leave to appeal dismissed,-[Practice and Procedure]. ORDER SALAHUDDIN AHMED, J.-The petitioner had been given a contract by the respondent for the construction of a hotel at Lahore to be styled as "Lahore Hilton". The contract, Inter alia provided for furnishing the petitioner with a mobilisation fund for executing the work at Lahore. For this mobilisation fund the petitioner through Messrs National & Grindlays Bank Ltd., Karachi furnished to the respondent a bank guarantee to cover the amount of the mobilisation fund. For some reasons the petitioner stopped the construction work and the respondent pressed the Bank for encashment of the aforesaid Bank guarantee. The petitioner, however,…
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