Law: Arbitration Act, 1940

Section: 26

JUDGMENT

Under an agreement between National Motors Limited, Karachi previously known as Messrs Ghandhara Industries Limited and Pakistan through D. P. (Army), Karachi the plaintiffs were to supply vehicles to the defendants on terms and conditions mentioned therein. According to the plaintiffs the defendants committed breach and in terms of arbitration clause the dispute was referred to the sole arbitration of Masood Hassan. The plaintiffs had made a claim for Rs. 37,39,073.95 before the arbitrator and the defendants submitted their written statement. The defendants also made a counterclaim for Rs. 1,75,25,343.06. The learned arbitrator after considering the contentions of the parties and the documents produced by them made an award on 30th April, 1975 which was filed in this Court. The arbitrator rejected the claim of the plaintiffs and made an award for Rs. 33,21,579.65 in favour of the defendant. It was further declared that on payment of this amount 120 vehicles lying will pass to the plaintiff.