Law: Arbitration Act, 1940

Section: 17

Law: Arbitration Act, 1940

Section: 17

Law: Law Reforms Ordinance, 1972

Section: 3

Arbitration Act (X of 1940)-----S. 17---Law Reforms Ordinance (XII of 1972), S. 3---Intra-Court Appeal---Arbitration award, setting aside of---Arbitrator appointed without authorization and consent of both parties---Effect---Appellant was aggrieved of and decree passed by Single Judge of the High Court, whereby award passed by sole arbitrator against respondent was set aside---Validity---Respondent authority was neither competent nor authorized to appoint sole arbitrator or refer the matter to arbitration without consent of both the parties---Office memorandum in question could not give jurisdiction to sole arbitrator and as such award passed by him on an invalid reference by itself was void---Such award could not become valid merely by reason of knowledge of or appearance in arbitration proceedings---Sole arbitrator had no jurisdiction in the matter of invalid reference, therefore, subsequent proceedings resulting in award were of no legal effect and thus award itself was void having been passed without jurisdiction---Division Bench of High Court declined to interfere in order passed by Single Judge of High Court, whereby award passed by sole arbitrator was set aside---Judgment and decree passed by Single Judge of High Court was maintained---Intra-Court Appeal was dismissed in circumstances. Chhabba Lal v. Kallu Lal AIR (33) 1946 Privy Council 72 and Deep Narain Singh v. Dhanesh Wari AIR 1960 Patna 201 ref. Mst. Shamim Akhtar v. Najma Baqai PLD 1977 SC 644 distinguished. Kamal Azfar for Appellant. Muhammad Ashraf Khan Mughal, D.A.-G. for Respondents Nos.1, 2 and 4. Mustafa Lakhani for Respondent No.3. Yousuf Iqbal for Respondents Nos.5 and 6. Date of hearing: 6th and 7th March, 2012. JUDGMENT NISAR MUHAMMAD SHAIKH, J.--- This Intra-Court Appeal is directed against the Judgment dated 14-10-2010 and Decree dated 13-11-2010 passed by the learned single Judge in Suit No.896 of 1996 whereby he set aside the Award dated 30-8-1995 of the sole Arbitrator Mr. S.A. Nizami and dismissed the Suit along with listed C.M.A. No.4524 of 1998, with no order as to cost. 2. The brief facts leading to this appeal are that the appellant Ch. Fazal Muhammad was granted a lease of the…

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