MESSRS AUTO UNION CO OPERATIVE SOCIETY LTD., KARACHI AND 7 Others vs MESSRS NATIONAL CO OPERATIVE BANK LTD., KARACHI AND Another
This matter arises from a dispute regarding a loan obtained by the petitioners from the respondents, which was referred to arbitration under section 54 of the West Pakistan Co-operative Societies Act. An award was rendered based on a compromise between the parties. Upon default by the petitioners, the respondents obtained a certificate under section 59 of the said Act and filed an execution application in the High Court. The petitioners filed objections, which were dismissed by a Single Judge, and subsequent appeals and remands culminated in a dismissal by a Division Bench of the High Court. The core legal question before the Supreme Court was whether the petitioners could raise new contentions regarding the execution proceedings and the status of the High Court for the first time before the apex court. The Supreme Court held that contentions not urged before the High Court, particularly those not raised before the Single Judge, cannot be permitted to be raised for the first time in the Supreme Court. The petition for leave to appeal was accordingly dismissed.
- Can a party raise a new legal objection in the Supreme Court that was never urged before the High Court?
- Whether an execution application for a co-operative award can be filed in the High Court?
- Are petitioners entitled to challenge the execution of an award on grounds not taken before the Single Judge?
- Section 54, West Pakistan Co-operative Societies Act
- Section 59, West Pakistan Co-operative Societies Act
ORDER
1. WAHEEDUDDIN AHMAD. J.-The dispute between the parties relating to loan of Rs. 3,17,483.91 obtained from the respondents was referred by the Registrar to his nominee under section 54 of the West Pakistan Co-operative Society Act for arbitration. The parties compromised the matter which was made the basis of award dated the 25th January 1965. The respondent's allegation is that the petitioners made default and did not comply with the terms of the award. They obtained certificate under section 59 of the West Pakistan Cooperative Society Act for the execution of the award. As a result of this, an application for execution of the award was filed in the High Court of West Pakistan, Karachi, on its original side being Execution No. 63 of 1964. The petitioners filed objections to the said award. These objections were dis--missed by a learned Single Judge of the High Court by judgment dated the 13th September 1965. A Letters Patent Appeal was filed and the case was remanded to the learned Single Judge for decision of certain issues framed in the case.
2. These issues were decided by judgment dated the 16th February 1971, and the objections of the petitioners were dismissed. The matter was again taken in the Letters Patent Bench in L. P. A. No. 26 of 1971, which was dismissed by a Division Bench of the High Court of Sind and Baluchistan, Karachi, on the 16th March 1971. The petitioners seek permission to file an appeal against the said order.
3. Mr. Khalid M. Ishaq, learned counsel for the petitioners, has contended that the High Court is not a civil Court and, therefore, the execution application could not be filed in the High Court. This point was not urged before the High Court. It has been raised before this Court and cannot be allowed for the first time to be raised in this Court. It will further be noticed that the counsel for the petitioner did not urge any point before the High Court except the objection that the counsel who appeared for the decree-holder was not authorised to act by its liquidator. This objection was not allowed to be raised as it was not taken before the learned Single Judge of the High Court. In these circumstances, the petitioners are not entitled to raise other objections against the execution of the decree. The petition is dismissed.
Cited by 1 case
- Haji MUHAMMAD QASIM vs MEHRBAN ALI 1983 SCMR 1205