KP Judicial Academy Mediation centre resolved a case through ADR process sent by The Chief Justice of Peshawar High Court

  The ADR centre (former Mediation centre)  which was established in the KP Judicial academy is dormant since long, as no case has been referred to it. Since  now a case has been referred by the Hon'ble Chief Justice Peshawar High Court, Justice Yahya Afridi  for appraisal and its prospective under ADR  mechanism which was to be processed before 18th September 2017.
      In reference: Civil Revision No: 142 of 2009, Town Municipal Administration Peshawar Town-IV through Town Municipal officer (TMO), Town-IV, and others Versus Khuram Ali Co. through propriety Mustansar Hussain R/o Nishtarabad, Peshawar City and others.
 
      The Mediators were Mr. Sohail Sheraz Noor Sani, Senior Director Research & Publication KPJA, Ms. Hajira Rehman, Director Instructions, KPJA and Mr. Zia- Ur - Rehman, Director Instructions, KP Judicial Academy.
Award/Settlement;
     1. The bid of the plaintiff for recovery of building plan fee was accepted and the contract awarded to him by the defendants for 10 months. This was unilaterally cancelled after a period of 06 months thereby causing losses to the contractors. This was challenged before the courts and the matter was finally referred to the ADR Center of the Judicial Academy.
     2. Since no breach or violation of the contract was alleged, its cancellation was illegal. The plaintiff did not claim any damages but only the actual amount which would have been due to him if the period of the contract was completed. His claim was over Rs. 12 lacs but to the mediation, both parties accepted a claim of Rs. 8,05,200/- after the books of account were examined and reconciled by the arbitrators.
     Nowthat the matter stands resolved , the High Court may decree the suit in the above terms of compromise or make the award the rule of the court as it desires.

 

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