Case Details

Citation(s)
2021 SLG 722 2021 SLD 722 2021 CLC 596
Lahore High Court
Civil Revision No. 25008 of 2019, decided on 1st October, 2020.
SHAKIL-UR-REHMAN KHAN, JUSTICE
Petitioner(s) by: Sajjad Hussain

UNIVERSITY OF ENGINEERING AND TECHNOLOGY, LAHORE AND ANOTHERS

VS

MESSRS UPRIGHT ENGINEERS (PVT.) LTD.

Law: Arbitration Act, 1940

Section: 20

(a) Arbitration Act (X of 1940)--- ----S.20---Arbitrator, appointment of--- Principle--- Petitioner assailed order passed by Trial Court for appointment of arbitrator--- Validity--- Trial Court after taking into consideration the relevant clause of contract between parties concluded that in order to provide equal justice, an opportunity to redress grievance of both parties, it was necessary that neutral arbitrators were to be appointed from nominations of both parties so that none could be prejudiced to defend its case---Objection raised to nomination of arbitrator was turn down---High Court declined to interfere in the order passed by Trial Court---Revision was dismissed, in circumstances. Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255; Bank of Punjab and another v. Haris Steel Industries (Pvt.) Ltd. and others PLD 2010 SC 1109; Malik Shahid Mehmood v. Malik Afzal Mehmood and others 2011 SCMR 551; Syed Mahmood Akhtar Naqvi and others v. Federation of Pakistan and others PLD 2013 SC 195; E.A. Evans v. Muhammad Ashraf PLD 1964 SC 536; M.A. Ghani Soofi Sons v. The Federation of Pakistan PLD 1957 (WP) Lahore 363; News Publication (Pvt.) Ltd. and 4 others v. National News Agency and another 1999 PLC 1613 and Rasheeda Begum v. Ch. Muhammad Anwar and others PLD 2003 Lah. 522 ref. Allied Engineering Consultants (Pvt.) Ltd. v. Messrs Sui Gas Transmission Company Ltd. 1989 CLC 1143 rel. (b) Administration of justice--- ----Where law requires an act to be done in a particular manner, it has to be done in that manner alone---Such dictates of law were not to be allowed to do indirectly what the law barred him from doing directly. (a) Arbitration Act (X of 1940)--- ----S.20---Arbitrator, appointment of--- Principle--- Petitioner assailed order passed by Trial Court for appointment of…
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