Law:

Section:

(a) Arbitration Act (X of 1940)-------Ss.17, 30 & 33---Limitation Act (IX of 1908), Art. 158---Arbitration award presented in court---Objections against arbitration award either not filed or if filed within the time prescribed by law---Effect---Power of court to decide whether to make such an award Rule of the Court---Scope---Powers vested in the court to make an award, the Rule of the Court were judicial in nature and not ministerial---Absence of objections to such an award did not absolve the court of its responsibility to examine the same---Even in the absence of objections to the arbitration award, the award may be set aside by the court and not made Rule of the Court if it was a nullity; or was prima facie illegal; or for any other reason it was not fit to be maintained; or suffered from an invalidity which was self-evident or apparent on the face of the record---Single Judge of High Court, in the present case, after concluding that objections filed by respondent-company were time barred, without conducting a judicial exercise of examining the award qua its validity, made the same Rule of the Court---Such an order was not sustainable in law---Supreme Court upheld of Division Bench of High Court whereby case was remanded to Single Judge of High Court and directed that Single Judge in post-remand proceedings should decide whether to make the award Rule of the Court after examining as to whether the said award was a nullity or prima facie illegal or was not fit to be maintained or suffered from any other invalidity which was self-evident or apparent on the face of the record---Appeal was disposed of accordingly. Muhammad Tayab v. Akbar Hussain 1995 SCMR 73 and Messrs Awan Industries Ltd. v. The Executive Engineer, Lined Channel Division 1992 SCMR 65 ref. Per Khilji Arif Hussain, J.; disagreeing with Sh. Azmat Saeed, J. (b) Arbitration Act (X of 1940)--- ----Ss. 15, 16, 30 & 33---Arbitration award presented in court---Objections filed against award---Power of court to examine such an award and set it aside---Scope---While hearing objections and examining the award, the court could not sit as a court of appeal on the award rendered by the Arbitrator and…

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