Law:

Section:

Arbitration Act (X of 1940)--- ----Ss. 17, 30, 33 & 39---Appeal---Award making rule of the Court---Duty of Court---Setting aside of award---Principles---Matter between the parties was referred to two arbitrators but due to difference of opinion between them, umpire was appointed with the consent of parties---Objections against the award of umpire were dismissed and the award was made rule of the Court---Validity---When parties had opted for resolution of their dispute through arbitration and arbitrator/umpire had delivered his award, then Courts had to proceed with the presumption of correctness attached to such award---Award could not be disturbed merely on technical reasons not affecting merits of the award or at the whims of some party aggrieved by the terms of such award---Court's duty was to give every reasonable intendment in favour of award and lean towards upholding it rather than vitiating the same---Courts while dealing with the question of making the award rule of the Court did not act as Court of appeal against the award, therefore, they could not proceed to scrutinize award just to discover an error for the purpose of setting aside the same---For justifying interference in award it was necessary that the error must be apparent on the face of award and not latent and result of such error must be one which had materially affected the terms of the award to the prejudice of one party for no valid justification---None of the grounds urged in appeal had any factual or legal basis which could justify interference in the making the award rule of the Court---Appeal was dismissed in circumstances. Ashfaq Ali Qureshi v. Municipal Corporation, Multan and another 1985 SCMR 597 fol. ORDER ANWAR ZAHEER JAMALI, J.---By our short order dated 31-1-2006, we have dismissed this appeal with costs. Reasons thereof, along with concise relevant facts, read as under. 2. The appellant, `ARIP', and respondent, had entered into an agreement on 25-7-1992, whereunder ARIP was granted license by C.A.A. to run "Duty Free Shops" at the Quaid-e-Azam International Airport for a period of 10 years, with its commencement date from 1-12-1992. Besides, other stipulations made in the…

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