| Citation(s) |
|---|
| 2025 SLG 5289 2025 SLD 5289 = 2025 SCP 453 |
CPLA No. 197 of 2025 and CMA No. 237 of 2025. (Against judgment dated 20.12.2024, passed by the Islamabad High Court, Islamabad in FAO No. 20 of 2024)
Justice Shakeel Ahmad Justice Aamer Farooq
Mr. Muhammad Ali Raza, ASC (via VL from Lahore)
M/s Zhongzing Telecom Pakistan (Pvt) Limited ...Petitioner
VERSUS
The Imperial Electric Company (Pvt), Limited ....Respondent
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Arbitration Act, 1940
Section: 14(1),14(2),31
Law: Limitation Act, 1908
Section: 178,181
Summary
In this Supreme Court petition under Article 185(3) of the 1973 Constitution, the petitioner challenged a High Court judgment allowing an appeal and remanding an arbitration award filing case. The Court dismissed the petition, upholding that Article 178 of the Limitation Act, 1908 (90-day limit from notice of award) applies only when a party applies directly to court for filing the award. Here, the arbitrator filed the award on the party's request without court direction or prior notice, attracting the residuary Article 181 (3 years from right accrual) instead, rendering the limitation bar inapplicable.
Core Points
- Contract dated 07.05.2005 between petitioner and respondent for DG Sets supply/installation at PTCL sites; disputes referred to PTCL CEO as arbitrator per Clause 19.2.
- Arbitrator pronounced award on 29.12.2020 in parties' presence, awarding respondent Rs. 33,520,758 plus 14% interest; initial filing before Senior Civil Judge on 13.01.2021 returned for lack of pecuniary jurisdiction on 24.02.2022.
- During writ challenge, arbitrator refiled award before District Judge on 01.09.2022 on respondent's request; petitioner claimed limitation under Article 178, allowed on 28.11.2023.
- High Court allowed respondent's FAO on 20.12.2024, remanding for merits; Supreme Court found no error, as Article 178 requires party-to-court application and notice service, absent here.
- Article 181 governs arbitrator filings or party requests to arbitrator (3-year limit from award knowledge); petition dismissed.
Laws and Sections
| Law/Act | Section/Article | Description |
|---|---|---|
| Constitution of Pakistan, 1973 | Article 185(3) | Petition for leave to appeal against High Court judgment. |
| Arbitration Act, 1940 | Section 14(1) | Service of notice of award making. |
| Arbitration Act, 1940 | Section 14(2) | Party's request to arbitrator to file award in court. |
| Arbitration Act, 1940 | Section 31 | Court's jurisdiction over award filing. |
| Limitation Act, 1908 | Article 178 | 90 days from notice service for party filing award in court. |
| Limitation Act, 1908 | Article 181 | Residuary 3 years from accrual of right (award making/knowledge). |
ORDER