Law:

Section:

Arbitration Act (X of 1940) --------- ----------Ss. 17, 30, 33, 34 --------- Port Qasim Act (XLIII of 1973), S. 65 --------- Specific Relief Act (I of 1877), Ss. 42 & 54 --------- Limitation Act (IX of 1908), Ss. 19 & 29 --------- Law Reforms Ordinance (XII of 1972), S. 3 --------- Suit for declaration, injunction, recovery of money and damages --------- Intra court appeal --------- Arbitration proceedings --------- Recovery of money --------- Limitation --------- Contract of plaintiff company was cancelled by defendant Authority --------- Plaintiff sought recovery of its outstanding bills and damages from defendant Authority --------- With consent of both the parties matter was referred to sole arbitrator who announced award --------- Objections were filed by defendant Authority and Single Judge of High Court declined to make award rule of the court on the ground that claim of plaintiff was barred by limitation --------- Validity --------- While hearing objections to award under Ss.30 and 33 of Arbitration Act, 1940, Court could not sit in appeal on award which had been passed after recording of evidence led by both the parties --------- Court was not to launch itself into an exercise of reappraisement of evidence or set itself as appellate Court, except when there was error on the face of award --------- Division Bench of High Court declined to interfere with findings of sole arbitrator as the award had been made in favour of plaintiff on the basis of evidence of defendant Authority itself, as barring limitation issue --------- Defendant Authority was not able to raise any substantial question and or objections which regard to merits of the case --------- High Court set aside the findings of Single Judge of High Court and award of sole arbitrator was made rule of the court --------- Intra Court Appeal was allowed in circumstances. Abdul Halim v. Faizunnessa Bibi alias Sarada and others PLD 1969 Dacca 670; Messrs M.G. Kadir and Co. v. Abdul Latif PLD 1970 Kar. 708; Maniram Shah v. Seth Repchand (33 I A 165); Sitayya v. Rangareddi and others ILR 10 Mad. 259; Messrs M.G. Kadir and Co. v. Abdul Latif PLD 1974 SC 174; Karachi Electirc Supply Corporation v.…