| Citation(s) |
|---|
| 2026 SLG 1829 2026 SLD 1829 = 2026 CLD 336 |
Sindh High Court
Judicial Miscellaneous Application No. 21 of 2025 in Suit No. 1061 of 2024, decided on 12th September, 2025.
Presented By: Before Muhammad Junaid Ghaffar, CJ
Abdallah Azzaam Naqvi and Waqar Ahmed for Applicant. Abdul Ahad Nadeem Ammar Suria for
Respondent.
Judicial Miscellaneous Application No. 21 of 2025 in Suit No. 1061 of 2024, decided on 12th September, 2025.
Presented By: Before Muhammad Junaid Ghaffar, CJ
Abdallah Azzaam Naqvi and Waqar Ahmed for Applicant. Abdul Ahad Nadeem Ammar Suria for
Respondent.
NUNCHI MARINE PTE LTD.---Petitioner
VERSUS
CNERGYICO PK LIMITED (formerly Byco Petroleum)---Respondent
Law: Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Ordinance, 2011
Section: XVII,6,7
Law: Constitution of Pakistan, 1973
Section: 10A
Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act (XVII of 2011)--- ----Ss.6 & 7---Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (New York Convention), Art. V---Constitution of Pakistan, Art.10A--Recognition and Enforcement of Foreign Arbitral Award---Audi alteram partem, principle of---Applicability---Applicant sought enforcement of Foreign Arbitral Award passed against respondent company---Plea raised by respondent company was that it was not provided proper opportunity of contesting the arbitration proceedings---Validity---Scope of legal maxim audi alteram partem read with Article 10A of the Constitution requires that everyone is entitled to a fair trial and due process, which includes basic right to be heard---Even in the objections nothing had been said as to the merits of the case and default committed by respondentCompany in paying outstanding amount---All steps were taken by respondent company to delay the proceedings before Tribunal, as it had no case on merits--High Court recognized the foreign award as binding and enforceable---Applicant was granted judgment in the amount mentioned in foreign award in question, which shall be executed as a decree of this Court---High Court directed the office to prepare a decree and converted the proceedings into execution proceedings under O.XXI, C.P.C.---Award was enforced accordingly. Taisei Corporation (Pvt.) Ltd. v. A.M. Construction Company (Pvt.) Ltd. and another 2024 SCMR 640; Abdullah v. Messrs CNAN Group SPA through Chief Executive/ Managing Director and another PLD 2014 Sindh 349; Orient Power Company (Private) Limited v. Sui Southern Gas Pipelines Limited 2021 SCMR 1728; POSCO International Corporation v. RIKANS International and 4 others 2023 CLD 189; Messrs TRADHOL International SA Sociedad Unipersonal v. Messrs Shakarganj Limited PLD 2023 Lah. 621; Federal Government Employees Housing Authority through Director General, Islamabad v. Ednan Syed and others PLD 2025 SC 11; Federal Government Employees Housing Authority v. Ednan Syed PLD 2025 SC 11 and Parsons and Whittermore Overseas Inc v. RAKTA 508 F.2d 969 (1974) ref. Dates of…