Case Details

Citation(s)
1985 SLG 952 1985 SLD 952 1985 SCMR 1788
Supreme Court of Pakistan
Civil Petition No. 259-P of 1984, decision dated: Ist July, 1985 (From the judgment of the Peshawar High Court, dated 26-6-1984, passed in Regular First Appeal No. 32 of 1982)
MUHAMMAD HALEEM C.J., SHAFIUR RAHMAN AND M.S.H. QURAISHI, JJ

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CHAIRMAN, RAILWAY BOARD and others

VS

. Hafiz ABDUL QAYYUM---Respondent

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Leave to appeal, grant of--Contentions raised already taken before High Court, dealt with at length and repelled for cogent reasons--View taken by High Court being fully supported by material on record, no interference called for--Leave to appeal refused. Amirzada Khan, Advocate-General, N.W.F.P. instructed by Qasim Imam, Advocate-on-Record (absent) for Petitioners. Safdar Hussain, Advocate-on-Record for Respondent. Date of hearing: 1st July, 1985. ORDER M.S.H. QURAISHI, J.--On an application made by the respondent, the Senior Civil Judge, Peshawar, referred to arbitration the dispute arising in respect of a contract of work executed between the petitioners (Pakistan Railways) and the respondent. The arbitrator submitted his award to Court on 11-5-1981 and the same day the Court adjourned the matter to 28-5-1981 for filing of objections. The objection on behalf of the petitioners was filed on 28-6-1981 which was rejected as being time-barred and no objection having been filed to the award by the respondent, the same was made the rule of the Court. An appeal filed by the petitioners before the High Court having failed, they have now sought leave to appeal. 2. The contentions are two-fold, namely, (1) that the objection filed by the petitioners to the award was not time-barred, and (2) that the rate at which dewatering charges had been allowed by the arbitrator, not being in accord with the agreed…
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