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The Arbitral Tribunal, constituted by the federal government to resolve the dispute between Wapda and NWFP, will cross-examine witnesses of both parties from June 12 to 17.
A press release issued by the Tribunal here on Wednesday said that all counsel and parties had assembled on April 26 as per schedule, but unfortunately Wapda's counsel developed heart problem, for which the hearing was adjourned.
Wapda will file affidavits of evidence on or before June 5, after which the case will come up for arguments from August 7 to 18 or till the conclusion of the arguments, whichever is earlier in time, the press release added.
An arbitration agreement was executed between the parties in October last year. On receipt of the copies of arbitration agreement, the Chairman and the members of the Arbitral Tribunal fixed November 10 for preliminary hearing. But NWFP government filed an application for direction against Wapda to furnish copies of certain documents mentioned therein, in order to enable it to prepare its memo of claim on the plea that Wapda was in possession of the relevant record.
In view of the intricacies and complexities of the case, both parties have taken time/extension for filing of the pleadings. The parties, in terms of sub clause (b) of clause 4 of the Arbitration Agreement, had extended the period for giving an award up to October 31.
The case was fixed for evidence of NWFP, which filed affidavits of its witnesses on April 24. The case was fixed for cross-examination of these witnesses by the counsel for Wapda on April 26, 27 and 28, but it was adjourned due to health problem of Wapda's counsel.

Copyright Business Recorder, 2006

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