LWMC allowed to use Turkish contractors’ machinery

LAHORE : The Lahore High Court has provisionally allowed the Lahore Waste Management Company (LWMC) to use the machinery and equipment of the Turkish contractors for cleaning services.

A two-judge bench comprising Justice Shahid Jamil Khan and Justice Muzamil Akhtar Shabbir passed the interim order on two separate intra court appeals against a decision of a single bench on the petitions of the Turkish contractors - Al-Bayrak and Ozpak. Representing the appeals of LWMC, Advocate Malik Awais Khalid argued that the machinery and the equipment were to be handed over to the appellant on completion of the agreements with the respondents/contractors.

He said the order of the single bench declaring the possession of the machinery by the LWMC illegal was not justified. He argued that the possession of the machinery and the equipment were taken into possession when the contractors refused to perform their duties as obligated under the agreements. The counsel argued that the writ petitions filed by the contractors against the contractual obligations were not maintainable. He said the dispute could be resolved through negotiation or by invoking arbitration clause under the agreement between the parties. He asked the division bench to set aside the decision of the single bench. To a court’s query, the counsel said the machinery and the equipment were in possession of the LWMC but not being used for cleaning purpose.

The bench issued notices to the respondents for Jan 19 and provisionally allowed the LWMC to use the machinery, till the next hearing, for the cleaning services.