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HYUNDAI-HIDCO-HAKAS JOINT VENTURE versus WATER AND POWER DEVELOPMENT AUTHORITY

Article 199 Constitution Civil Works Construction Contract Arbitration Clause Contractor (Applicant) Demands the release of security documents / guarantees after significant performance of the contract and the completion of the works. Controversial decision of employer / engineer of (fixed for contractual purposes) in relation to certification and payment is a factual dispute between the parties, there is a realistic dispute between the parties, which, in the exercise of constitutional jurisdiction, The decision not to be resolved by the court or the dispute between the employer and the contractor in connection with the contractual proceedings pursuant to the terms of the contract will be referred to and resolved by the engineer and subject to arbitration. Will be. The employer did not accept the engineer's decision and, despite satisfaction, approval or certification by the engineer, the owner may show that the work was not in accordance with the contract, the employer could not become a judge on his own without the convenience of arbitration and the bank. Did not demand the disclosure of guarantees, which confiscate the contractor's property without a dispute judgment. Prior to the contractor's notice of cash, the bank had to make a heavy payment. The bank guarantees through the employer that such unlawful pressure on the contractor was not a normal commercial or permissible pressure, but rather that it provided an unlawful risk and style to the employer in order to make a controversial payment and maintain the guarantees. Process so that the bank retains the right to withdraw guarantees, but the employer did not comply with it in a fair and reasonable manner, in which case such a decision cannot be made in a constitutional application. famous high court advocate from Chashma lawyer