Law:

Section:

Contract-------Dispute between the parties---Arbitration clause in the agreement---Effect---Conditions of the work agreement provided that dispute between the parties could be referred to the consultants---Contention of the contractor was that for non-compliance of said clause of the agreement by the authorities, recommendations of the consultants on the reference attained finality---Validity---Such point had been elaborately discussed by the High Court in the impugned and had been rightly held that those recommendations could not be deemed to be final decision within the meaning of arbitration clause subsequently added to the said agreement in terms of which it was obligatory upon the parties to refer the dispute arising between them to arbitrator for its resolution---Only option available to the contractor, in circumstances, was to avail remedy under the said arbitration clause of the agreement---Judgment of the High Court was based on valid and sound reasons and was entirely in consonance with the law---Neither there was misreading and non-reading of material evidence, nor misconstruction of facts and law in the ---Petition for leave to appeal against the of the High Court being devoid of merit was dismissed---Constitution of Pakistan (1973), Art. 185(3). Petitioner in person. Ch. Muharmmad Jamil, Advocate Supreme Court and Raja Sher Muhammad Khan, Advocate-on-Record for Respondent. Date of hearing: 28th December, 2004. JUDGMENT ABDUL HAMEED DOGAR, J.--- Petitioner seeks leave to appeal against the judgment dated 4-12-2001 passed by a learned Division Bench of the High Court of Sindh Karachi, whereby H.C.A. No. 19 of 2002 filed by respondent was allowed. 2. Briefly, stated, the facts of the case are that on 25-5-1996, respondent invited tenders for the work of sewerage Stage-I in Phase VIII Defence Housing Authority at Karachi. Tenders were opened on 1-6-1996 and the aforesaid work was awarded to the petitioner. On 22-7-1996 an agreement between the petitioner and respondent was executed and during the execution of the work, some disputes arose between them. On 17-3-1999, petitioner made a reference to the Consultants/Engineer Messrs S.I. Engineering…

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