Case Details

Citation(s)
2024 SLG 5526 2024 SLD 5526 2024 CLD 909
Islamabad High Court
Writ Petition No.4100 of 2022 in Regular Second Appeal No.04 of 2018 decided on 29th April, 2024.
Before Miangul Hassan Aurangzeb, J
Asad Ladha and Malik Ghulam Sabir for Petitioners. Sheikh Naveed Anwaar and Rai Azhar Iqbal Kharal for
Respondent. Date of hearing: 3rd April, 2024.

BLUE ZONE INTERNATIONAL (PVT.) LIMITEDthrough Chief Executive and 27 others---Appellants

VERSUS

PAKISTAN STATE OIL COMPANY LIMITED (PSO) through Managing Director---Respondent

Law: Arbitration Act, 1940

Section: 30, 33 & 39

Arbitration Act (X of 1940)-------Ss. 30, 33 & 39---Arbitration proceedings---Locus standi---Concurrent findings of facts by two Courts below---Petitioners were All Pakistan Compressed Natural Gas Association (APCNGA) and CNG marketing companies---Petitioner companies were aggrieved of order passed by Lower Appellate Court maintaining judgment and decree by Trial Court allowing objections of respondent / Pakistan State Oil Company against arbitration award---Validity---Notice for arbitration, statement of claim, application to make award rule of Court and appeal under S. 39 of Arbitration Act, 1940, against judgment and decree passed by Trial Court were all filed by petitioner / APCNGA in its own name---Petitioner / APCNGA was not a party to licenses / agreements, therefore, it could neither have invoked arbitration clause embedded therein, nor have filed application or appeal---High Court declined to interfere with concurrent findings of two Courts below as petitioner / APCNGA was a stranger to licenses / agreements and arbitration proceedings--Concurrent judgments and decrees passed by two Courts below did not suffer from any jurisdictional infirmity or irregularity---Constitutional petition was dismissed, in circumstances.PLD 2013 SC 224 and K&N International v. Motorway Operations and Rehabilitation Engineering (Private) Limited 2019 CLC 1613 ref.JUDGMENTMIANGUL HASSAN AURANGZEB, J.----Through the instant writ petition, the petitioners impugn the judgment and decree dated 24.02.2018 passed by the Court of the learned Additional District Judge, Islamabad dismissing their appeal filed under Section 39 of the Arbitration Act, 1940 ("the 1940 Act") against the judgment and decree dated 15.06.2017 passed by the Court of the learned Civil Judge, Islamabad, whereby the objections filed by the respondent, Pakistan State Oil Company Limited ("PSO") under Sections 30 and 33 of the 1940 Act to the arbitration award dated 10.08.2015 were allowed and the said award was set-aside.2.    The facts essential for the disposal of the instant petition are that the petitioners, who have been granted marketing licences by the Oil and Gas Regulatory…
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