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IFTIKHAR AHMAD & CO. versus PROVINCE OF PUNJAB


Constitution of Pakistan 1973 Article 98 Constitutional petition Payment of arrears to the contractor or, upon completion of the contractor who was given the contract for the renovation / renovation of the government building, completed the work within the stipulated period and presented the bill to the relevant authority. The contractor filed a petition with the competent authority for payment of the amount fixed by the consultant company and the contractor approved the contractor's contract to test or approve the work rates paid to the contractor and the consultant company. Under this, the competent authority instructed the authority to manage it. The Contractor's Department objected to the payment of the said amount that the Contractor is not entitled to make multiple claims at the prevailing rates and that the matter provided in the contract should be sent for arbitration as the validation rates by the approved Consultant Company Was checked regularly and found in sequence. And the amou payable to the contractor was determined on the basis of this and such amount cannot be deducted or refused to be paid. The dispute is that the contractor should have moved the matter before arbitration before filing a constitutional petition, because the contractor who had disputed the payment amount was found to be entitled, denied, and denied that the contractor filed the constitutional petition. Because its fundamental right was violated by the said Act, in the absence of any dispute under the agreement at the relevant time, the arbitration clause cannot be accepted.

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