The building of a famous hotel chain in Murree is the subject of a contractual dispute between partners in a joint venture business agreement (“JV”). One party (“the claimant”), who is the sleeping partner, sought damages as well as cancellation and rescission of the JV alleging certain breaches of the agreement. The second party, who is actively managing the property/business, denied the claim. The matter went to arbitration. The arbitrator, a former High Court judge, gave an award in favour of the claimant, declaring the agreement null and void, and directing the second party to give up possession of the building. The award was made rule of the court by the Civil Judge who dismissed the second party’s objections. The second party’s appeal to the High Court was also unsuccessful.
Ch. Imran Hassan Ali was instructed by the second party for a petition seeking leave to appeal to the Supreme Court of Pakistan. On 06-07-2023, after hearing Imran in support of the petition, the Supreme Court granted ex parte ad interim injunction protecting possession of the second party. The case was heard again on 10-08-2023 in the presence of counsel for the other side by a bench headed by the Honourable Chief Justice Umer Ata Bandial, and the interim injunction in respect of possession was extended till further orders.
The case raises some interesting questions of contract law.
Ch. Imran Hassan Ali, ASC, has been engaged as counsel for Nawabzada Abdul Qadir Khan Hoti in a Revision Petition before the Honourable Lahore High Court, Rawalpindi Bench. The case pertains to a dispute among family members over partition of the famous Hoti House situated just off the Mall in the mountain resort town of Murree. It is a prime property worth tens of millions. It was used as a holiday home by the Hoti family of Mardan for decades. It was briefly requisitioned by the Government during General Ayub Khan’s regime and housed the Indian High Commission at one point prior to 1965 war. It was returned to the Hotis later on.