| Citation(s) |
|---|
| 2004 SLG 637 2004 SLD 637 2004 CLD 1023 |
Sindh High Court
Suit No.381 of 2001, decision dated: 7-05-2004. dates of hearings: 22-03-26th and 30-04-2004
S. ALI ASLAM, JAFRI, JUSTICE
Qadir H. Sayeed and Yousuf Ali Sayeed for Plaintiff. Munib Akhtar for Defendant.
Suit No.381 of 2001, decision dated: 7-05-2004. dates of hearings: 22-03-26th and 30-04-2004
S. ALI ASLAM, JAFRI, JUSTICE
Qadir H. Sayeed and Yousuf Ali Sayeed for Plaintiff. Munib Akhtar for Defendant.
COGETEX S.A., A COMPANY DULY IN CORPORATED UNDER THE LAWS OF SWITZERLAND
VS
MAYFAIR SPINNING MILLS LIMITED, A PUBLIC LIMITED COMPANY INCORPORATED UNDER THE PAKISTAN COMPANIES ORDINANCE, 1984
Law:
Section:
(a) Arbitration (Protocol and Convention) Act (VI of 1937)---S. 7(2)---Enforcement of foreign award--Once a foreign award is made it in fact amounts to a foreign and the proceedings before the Court are merely for an affirmation of the award, and only limited objections as to the validity and enforceability thereof are permitted under S 7(2) of the Act. Imtiaz Ahmed v. Ghulam Ali and another PLD 1963 SC 382; Manager Jammu and Kashmir Property in Pakistan v. Khudayar and another PLD 1975 SC 678; Mst. Begum and others v. Mst. Begum Kaniz Fatima Hayat and others 1989 SCMR 883; Jamil Ahmed v. Late Saifuddin 1997 SCMR 260 Nan Fung Textiles Ltd.'s case PLD 1982 Kar.619; B. Upendra Nath Basu v. B. Het Lal and others AIR 1933 All. 380; M. Imamuddin Janjua v. The Thal Development Authority PLD 1972 SC 123; Frederick E. Rose (Commodities) Limited v. Munsoor Ali Tanning Co. NLR 1981 UC 175 Karachi; Conticotton S.A. v. Farooq Corporation 1999 CLC 1018; Messrs European Grain and Shipping Ltd. v. Messrs Polychem Company Ltd. PLD 1990 Kar.254; Nan Fung Textiles Limited v. Sadiq Traders Limited PLD 1982 Kar.619; Alfred C. Toepfer International v. Pakistan Molasses Company 2003 CLD 1666 and A. Meredith Jones & Co. v. Usman Textile Mills Limited 2002 CLD 1121 ref. (b) Arbitration (Protocol and Convention) Act (VI of 1937)--- --S. 8(1)---Sindh Chief Court Rules, (O.S.), R.297-Foreign award (Switzerland)-Evidence-Copy of the award had been authenticated by the competent authority of the Canton of Geneva and had been further authenticated to be a genuine document by the Embassy of Pakistan at Berne--Such document did not suffer from any illegality or infirmity and was neither violative of S.8(1) of the Arbitration (Protocol & Convention) Act, 1937- nor Rule 297, Sindh Chief Court Rules (O.S.)--Original copy of the award was available with counsel for the plaintiff, which he desired to place on record during the arguments and was directed to file the same day-Rights of parties could not be allowed to be defeated on technicalities. Manager Jammu and Kashmir Property in Pakistan v. Khudayar and another PLD 1975 SC 678; Mst. Begum and others v. Mst. Begum Kaniz Fatima Hayat and…
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