Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan-------Art. 199---Constitutional petition---Alternate and efficacious remedy--Contractual liability---Arbitration clause---Petitioner company assailed execution of work assigned to respondent company on the basis of contract existing between petitioner company and respondent authorities--- Validity--- When an alternative and equally efficacious remedy is open to a litigant, he should be required to pursue that remedy and not invoke Constitutional jurisdiction of High Court for issuance of a writ---Where there exists an arbitration agreement, parties are required to get their disputes arising out of the contract adjudicated by domestic forum created by them---Existence of arbitration clauses in contract between petitioner company and respondent authorities left no option to High Court but to point the parties in the direction of arbitration---Constitutional petition was dismissed in circumstances.Mumtaz Ahmad v. Zila Council, Sahiwal 1999 SCMR 117; Abdul Qayyum Khan v. District Officer, Passenger and Freight 2003 MLD 670; Messrs Frontier Construction Company v. Bahauddin Zakariya University 2006 MLD 978; Muhammad Hayat Khan v. Tehsil Municipal Administration 2009 YLR 2259; Signage Security System v. CDA and others 2010 CLC 567; Mst. Zahida Maqbool v. Member (Colonies) Board of Revenue 2010 YLR 1734; Messrs Muhammad Siddiq Chaudhry v. Higher Education Commission 2011 CLC 863; Wajahat Ali v. Government of Khyber Pakhtunkhwa 2013 YLR 2132; N.A.A. Consulting Engineers v. Metropolitan Corporation 2014 MLD 1795; Gandapur Construction Company v. Government of Khyber Pakhtunkhwa 2014 CLD 400; Uch Power (Pvt.) Ltd. v. Government of Pakistan, Federal Board of Revenue 2017 PTD 1215; Messrs Bisra Stone Lime Company Limited v. Orissa State Electricity Board AIR 1976 SC 127 and Echo West International (Pvt.) Ltd. v. Government of Punjab PLD 2009 SC 406 rel.Date of hearing: 23rd October, 2023.JUDGMENTMIANGUL HASSAN AURANGZEB, J.---Through the instant writ petition, filed as far back as 29.05.2015, the petitioner, Daewoo Pakistan Motorway Service Limited, had sought a declaration to the effect that the execution of the concession agreement relating to…