| Citation(s) |
|---|
| 1994 SLG 390 1994 SLD 390 1994 PLD 308 |
Supreme Court of Pakistan
Civil Petitions Nos.945-L, 946-L and 1159-L of 1993, decision dated: 22-12-1993. (On appeal from the common judgment dated 22-3-1993 passed in FA.O: No.113 of 1987 and C:R. No.1662 of 1987).
SAAD SAOOD, JAN AND SAJJAD ALI SHAH, J
Raja Abdul Razzaque, Advocate Supreme Court/Advocate-on-Record (in Civil Petitions Nos.945L and 946L of 1993). Faqir Muhammad Khokhar, Deputy Attorney General of Pakistan and S. Abul Asim Jafri, Advocate-on-Record (in Civil Petitions Nos.945L and 946L of
Civil Petitions Nos.945-L, 946-L and 1159-L of 1993, decision dated: 22-12-1993. (On appeal from the common judgment dated 22-3-1993 passed in FA.O: No.113 of 1987 and C:R. No.1662 of 1987).
SAAD SAOOD, JAN AND SAJJAD ALI SHAH, J
Raja Abdul Razzaque, Advocate Supreme Court/Advocate-on-Record (in Civil Petitions Nos.945L and 946L of 1993). Faqir Muhammad Khokhar, Deputy Attorney General of Pakistan and S. Abul Asim Jafri, Advocate-on-Record (in Civil Petitions Nos.945L and 946L of
Messrs JOINT VENTURE KOCKS KG/RIST and 2 others
VS
FEDERATION OF PAKISTAN through Secretary, Ministry of Food, Agriculture and Cooperatives, Islamabad and 2 others
Law:
Section:
(a) Arbitration Act (X of 1940)------Ss. 30 & 33---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether interpretation of specific clause of agreement was specifically referred to arbitration for decision and therefore, finding thereon was not open to exception under sections 30 and 33, Arbitration Act, 1940; whether conclusion that borrower (respondent) was justified to ask consultants (petitioners) to submit their invoices in U.S. Dollars and in making payments in Deutsche Mark after deduction by taking into consideration present rate of exchange applicable at the time of submission of invoices; whether claim of borrower against consultants was not correctly decided; and whether dispute about currency contract was specifically referred to arbitration---Both parties having appealed against decision of High Court, points raised by both parties required examination. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---Petition for leave to appeal---Both parties had appealed against decision of the High Court---Leave to appeal was granted. ORDER SAJJAD ALI SHAH, J: --In 1976 Federation of Pakistan through Secretary, Ministry of Food, Agriculture and Co-operatives, Punjab (to be referred hereafter as borrower) executed agreement dated 29-3-1976 with International Development Association (LDA), a subsidiary of World Bank as Creditor for advancement of loan of 23 million dollars for construction of seed factories. Clause 2.08 in Article II required that currency of U.S.A. would be relevant for the purpose of general conditions specified and clause 3.06 enjoined borrower to employ foreign consultants approved by the creditor. Tender of Basico GmbH/Kock K.G (Joint German Venture), being lowest was accepted by borrower resulting in constancy agreement dated 26-111976. 2. In January 1978 Basico & Co. went into liquidation and M/s. Kocks with approval of borrower associated Pakistan firm `Rist' (to be referred hereafter as Consultants) and new agreement dated 28-5-1978 was executed. Period of contract was for 5 years commencing from "starting date" specified in section 1.01(b). Under section 3.01, the President was to…
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