| Citation(s) |
|---|
| 2015 SLG 2166 2015 SLD 2166 2015 MLD 746 |
Islamabad High Court
C.S. No. 57 of 2013, heard on 19th November, 2014., DATE of hearing: 19th November, 2014.
ATHAR MINALLAH, J
Zahid Idrees Mufti for Petitioner. Muhammad Masood Khan and Muhammad Nasir Khan for
Respondent.
C.S. No. 57 of 2013, heard on 19th November, 2014., DATE of hearing: 19th November, 2014.
ATHAR MINALLAH, J
Zahid Idrees Mufti for Petitioner. Muhammad Masood Khan and Muhammad Nasir Khan for
Respondent.
NATIONAL HIGHWAY AUTHORITY
VS
ZARGHOON ENTERPRISES (PVT.) LTD.
Law:
Section:
(a) Arbitration Act (X of 1940)--- ----Ss. 17 & 33---Award---Objections---Court, jurisdiction of---Sole arbitrator was appointed with the consent of parties and award was filed in court---National Highway Authority was aggrieved of the award, filed its objections against the award---Validity---Arbitrator was final judge of questions of law and fact and that his decision was to be honoured unless it could be explicitly demonstrated that he or she had committed misconduct and the same was established to the satisfaction of the court---Court, while examining validity of award, could not sit as a court of appeal---Court could not reappraise evidence recorded by Arbitrator---Any alleged error or infirmity in award should manifestly appear on the face of the award---Court could not travel beyond the award and make inquiries and investigations in proceedings and documents, which did not form part of the award---In order to construe misconduct on the part of Arbitrator, it was essential that grounds raised with precision and allegations were pleaded clearly, rather being evasive in nature---Objections filed by defendant Authority had no force and the same were dismissed---Award was made Rule of the Court in circumstances. Khan Iftikhar Hussain Khan of Mamdot (Represented by 6 heirs) v. Messrs Ghulam Nabi Corporation Ltd. PLD 1971 SC 550; Messrs Nishat Chunian Ltd. v. Province of Punjab through Secretary, Local Government 2012 CLD 1288 and Messrs Jaffar Bros Ltd., v. Islamic Republic of Pakistan and another PLD 1978 Kar. 585 ref. Mian Corporation through Managing Partner v. Messrs Lever Brothers of Pakistan Ltd., through General Sales Manager Karachi PLD 2006 SC 169; Messrs Joint Venture KG/RIST v. Federation of Pakistan PLD 1996 SC 108; Messrs Tribal Friends Co. v. Province of Balochistan 2002 SCMR 1903; President of Islamic Republic of Pakistan v. Syed Tasneem Hussain Naqvi 2004 SCMR 590; Ascon Engineers (Pvt.) Ltd. v. Province of Punjab 2002 SCMR 1662; Lahore Development Authority v. Khalid Javed Co. 1983 SCMR 718; A. Qutubuddin Khan v. CHEC Millwala Dredging Co. (Pvt.) Limited 2014 SCMR 1268; A. Qutubuddin Khan v. CHEC Millwala Dredging Co. (Pvt.) Limited 2014…
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