| Citation(s) |
|---|
| 2001 SLG 2472 2001 SLD 2472 2001 CLC 967 |
Lahore High Court
First Appeal from Order No.53 of 2000, decision dated: 6-12-2000
MUMTAZ ALI MIRZA, J
M. Kowkab Iqbal for Appellant. Syed QalbeHassan for
Respondent
First Appeal from Order No.53 of 2000, decision dated: 6-12-2000
MUMTAZ ALI MIRZA, J
M. Kowkab Iqbal for Appellant. Syed QalbeHassan for
Respondent
Messrs MACDONALD LAYTON & COMPANY LIMITED
VS
SAFDAR ALI SHAH & COMPANY
Law:
Section:
(a) Arbitration Act (X of 1940)-------Ss. 14, 17, 30 & 39---Award, setting aside of---Award was sought to be set aside on the ground that as per agreement between the parties, the venue for the arbitration in the event of the dispute was agreed 'to be "Karachi". the proceedings of arbitration held by the arbitrator at Islamabad were wholly without jurisdiction and without lawful authority---Validity---Karachi, though vas agreed to be the venue of arbitration proceedings, but the arbitrator was appointed at Islamabad, the arbitration proceedings were completed at Islamabad and award was also made there and objector joined arbitration proceedings at Islamabad without any reservation and objection--Objector had himself suggested names of three persons and had also requested in writing to adjourn arbitration proceedings for two months--Throughout the proceedings of arbitration and till after making of the award by the arbitrator, objector did not raise any objection as to the venue of the arbitration proceedings---Objector,, in circumstances, could not be permitted to turn around and find fault with the arbitration proceedings and the resultant award on account of the venue being different from the one agreed to in the agreement between parties. (b) Administration of justice--- --- When the Legislature had made the provision for something to be done in a certain manner and within time prescribed by it, that thing must be done in that manner and. within the time prescribed---Holding to the contrary and permitting a party to act according to its own convenience rather than in that manner as enjoined by law and within the prescribed time limit, would render the statutory provision wholly meaningless---Efforts to be made to strictly construe the provisions providing for something to be done within a prescribed time limit---No party should be given any latitude to act casually and against the provisions of the statute. (c) Arbitration Act (X of 1940)--- ----Ss. 14, 17 & 30---Objection to award---Objections filed out of time, could not be taken notice of and could be ruled out of consideration by the Court. (d) Interpretation of statutes--- ---- Provision…
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