Law: Constitution of Pakistan, 1973

Section: 199

Law: Arbitration Act (X of 1940)

Section: 8, 20

(a) Constitution of Pakistan (1973) Art. 199---Constitutional petition---Contractual liability---Enforcement of contract through Constitutional jurisdiction is not permissible. Chanpur Mill Ltd.'s case PLD 1958 SC 257 and Messrs Momin Motor Company's case PLD 1962 SC 108 rel. (b) Arbitration Act (X of 1940) Ss. 8 & 20---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Alternate remedy---Arbitration clause, invoking of---Petitioner failed to invoke the arbitration clause before filing the Constitutional petition---Maintainability---Where alternate remedy of arbitration clause was available, the petition was not maintainable. Messrs Murad Ali & Company's case 1999 SCMR 121 rel. (c) Constitution of Pakistan (1973) Art. 199---Constitutional petition---Disputed question of fact-- Respondent authorities cancelled the contract made in favour of the petitioner on the ground that goods to be supplied were not according to the specification---Validity---Where there was a disputed question of fact between the parties, High Court had no jurisdiction to resolve such question in Constitutional jurisdiction. Muhammad Younis's case 1993 SCMR 618 rel.                                                                                                                                                                ORDER Brief facts out of which the present writ petition arises are that the respondent advertised tender through Daily Nawa-i-Waqat dated 25-4-2000 for the supply of 100 steel almirahs Petitioner had also submitted his tender in obedience of the advertisement made by the respondents. Petitioner's bid was accepted being lowest. The agreement was also executed between the petitioner and the respondent. Petitioner prepared steel…