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1990 SCMR 446

MUHAMMAD RAMZAN vs PROVINCE OF THE PUNJAB and 3 others

Citation1990 SCMR 446
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,58 of 1986
Date1989-06-11
Judge(s)Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultPetition dismissed

ORDER

1. S. USMAN ALI SHAH, J.--This is a petition for leave to appeal from the order dated 6-11-1985, whereby, a learned Single Judge of the Lahore High Court, dismissed the appeal of the petitioner.

2. ' An agreement was executed between the petitioner-contractor and the respondent-Department for the work of providing and fixing steel collapseable sliding gates to the garages for Civil Defence Vehicles at Ferry Road, Lahore. A dispute about the rates and the amount payable arose between the parties, after completion of the work, which was referred to an arbitration of Superintending Engineer, Sargodha Provincial Circle. The petitioner made four claims out of which the Arbitrator vide his Award dated 3-5-1969 turned down claim No,3 of the petitioner and the rest of the claims were decided in his favour. The petitioner's objection with regard to his claim No,3 was rejected and the Award was made rule of the Court vide order dated 10-6-1974. The petitioner filed F.A.O. No,135 of 1974 before the Lahore High Court against the order dated 10-6-1974 passed by the learned Civil Judge, Lahore which was dismissed vide impugned order.

3. The main argument of the learned counsel for the petitioner is that the Arbitrator while giving his Award though accepted the claims of the petitioner with regard to the items Nos.1, 2 and 4 and in rejecting the claim for item No,3 has thus misconducted himself. After going into the record and finding of the High Court, we have come to the conclusion that the above mentioned plea of the learned counsel for the petitioner so far as the rejection of claim of item No,3 is concerned, does not amount to misconduct on the part of the Arbitrator. The finding of the learned High Court is unexceptional: ' There is neither any error of law nor any question of public importance in the petition which needs examination of this Court. The petition is accordingly, dismissed. Leave refused.

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