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CITY DISTRICT GOVERNMENT, KARACHI versus IFTIKHAR AND TAHA PROJECT MANAGEMENT AND CONSTRUCTION COMPANY


Article 37 of the Arbitration Act (X of 19 1940), the suite for the performance of the contract, states the appointment of the arbitration council to the plaintiff to arbitrate any document relating to the alleged dispute between the plaintiff and the defendant. Missing clause. The alleged dispute had to be in accordance with the agreement and the dispute, if any, between the principal and the contractor had to be decided by a competent authority, who was the City District Council's moderator in this case, was further claimed. Contrary to the contract agreement, the matter was referred to the arbitrator by fraud and collusion of the contractor and some unauthorized officials against whom the department proceedings were being processed and proceeded to arbitrate before the arbitrator. The request was made. Since such proceedings had already raised questions that the plaintiff's dispute needed to be considered, the proceedings before the arbitration by the High Court could be adjourned to a later date.

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