Law: Arbitration Act, 1940

Section: 20,41

Law: Civil Procedure Code (V of 1908)

Section: 9

Arbitration Act, 1940 (X of 1940)-- ----Ss. 20 ,  41 r/w Sch.-II--Application for appointment of local commission--Allowed—Arbitration agreement--Territorial jurisdiction of Court--Challenge to--Objection raised to impugned order by counsel for petitioner is not sustainable; firstly, order was passed under Section 41 read with Second Schedule to Arbitration Act, 1940 and secondly wording of Order XXI Rule 26 CPC cannot be interpreted to effect that local commission can only examine spot which is within territorial jurisdiction of Court--Moreover, Section 76 of CPC is not applicable in facts and circumstances, as it pertains to issuance of commission to another Court for examination of any person and not otherwise--Petition dismissed.  Arbitration Act, 1940 (X of 1940)-- ----S. 41 ,  Sch.-II, Sr. No. 1--Jurisdiction--It is provided that orders can be passed for detention, preservation and inspection of any property.[P. 108] A 2003 CLC 132 ,  1987 CLC 2063 ref. Civil Procedure Code, 1908 (V of 1908)-- ----O.XXVI R. 9--Purpose for elucidating of point--Object of local commission--When Court deems it proper for purpose of elucidating any point in dispute or for ascertaining any matter referred to in said rule, a Commission is deputed for required purpose; it was added that object of local investigation is to obtain evidence which from its peculiar nature can best be had from spot inspection itself; such evidence enables Court to properly and correctly understand and assess evidence on record.[P. 109] B 1998 SCMR 730 ref. JUDGMENT The instant writ petition has arisen out of proceedings pending before Respondent No. 3, which are in the nature of Application under Section 20 of the Arbitration Act, 1940 along with other miscellaneous applications, filed by Panthers Developers against the petitioner. During the course of proceedings, an application was filed by Respondent No. 1 for appointment of local commission to inspect the site where the work was to be carried out; the referred application was allowed by learned trial Court, which has been challenged before this Court. 2. Learned counsel for the petitioner inter alia contended that under Order…

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