Case Details

Citation(s)
2002 SLG 1874 2002 SLD 1874 2002 CLC 836
Sindh High Court
High Court Appeal No.323 of 1999, decision dated: 4-02-2002
GHUDAM NABI SOOMRO AND MUHAMMAD MUJEEBULLAH SIDDIQUI, JJ
Bilal A. Khawaja for Appellant. H. A. Rehmani for
Respondent

CORPORATION ENGINEERING (PVT.) LIMITED

VS

PAK ARAB REFINERY LIMITED

Law:

Section:

Arbitration Act(X of 1940)-------S. 28---Power of Curt to enlarge time for making award---Appellant requesting for extension of time---Refusal of Trial Court to enlarge such time---Validity--Appellant had not been diligent in pursuing arbitration proceedings, but had been lethargic and negligent---Arbitration proceedings commenced in year 1.984, but even after expiry of 17 years, no progress had been made whatsoever---No evidence was left with respondent, because with the lapse of time, all the concerned persons working with respondent had either retired or died---Appellant had been himself responsible for inordinate delay in completion of arbitration proceedings---Discretion vested in Court could not be exercised fn favour of a per-son who had adopted dilatory tactics---Even otherwise enlargement of time would amount to putting a premium on a person on his- own fault and delaying tactics---Trial Court while looking to all the circumstances and facts on record had rightly refused to extend time, to which no exception could be taken---Appeal was dismissed in circumstances. Pakistan v. Gayer & Co., Karachi PLD 1964 Kar. 9; Civil Aviation Authority, Karachi v. Rist Consultants (Pvt.) Ltd. 1998 SCIt1R 2393; Messrs Vaseem Construction Company v. Province of Sindh and 4 others 1985 MLD 397 and J.W. Oliver v. Mian Dost Muhammad AIR 1935 Lah. 191 ref. JUDGMENT MUHAMMAD MUJEEBULLAH SIDDIQUI, J.--- This High Court Appeal is directed against the order, dated 22-9-1999; by learned Single Judge of this Court in Judicial Miscellaneous No.4 of 1996. This case has chequered history and it would be appropriate to marshal the entire facts in order to arrive at the proper conclusion. The appellant, is an Engineering Company and the respondent is a company carrying on work of transporting oil. The appellant and the respondent entered into an agreement on 16-12-1979 for the construction of 20" transfer line from oil terminal at Keamari to the pumping station No. 1. Another agreement for construction of three 8" "spur line" from refineries to Pumping Station No. 1 was entered into between appellant and the respondent in December, 1978. According to the facts, stated by the…
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