Law: Arbitration Act, 1940

Section: 20,41

Law: Civil Procedure Code (V of 1908)

Section: 76,26

Arbitration Act (X of 1940)--- ----Ss.20, 41, Second Schedule, Sr. No.1---Civil Procedure Code (V of 1908), S.76, O.XX1, R.26---Arbitration proceedings---Local Commission, appointment of---Scope---During arbitration proceedings before Trial Court, on application filed by defendant, Local Commission was appointed to inspect site of work---Validity---Application under S.41 of Arbitration Act, 1940, was filed before Trial Court, who pursuant to proceedings under arbitration agreement had jurisdiction to pass orders which were mentioned in Second Schedule to Arbitration Act, 1940---Orders under serial No.1 of Second Schedule to Arbitration Act, 1940, could be passed for detention, preservation and inspection of any property---Wording of O.XXI, R.26, C.P.C., could not be interpreted to the effect that Local Commission could only examine spot which was within territorial jurisdiction of the Court--- Provision of S.76, C.P.C. was not applicable as it pertained to issuance of Commission to another Court for examination of any person and not otherwise--- High Court declined to interfere in order passed by Trial Court as it did not suffer from any illegality or jurisdictional error---Constitutional petition was dismissed, in circumstances. Messrs Commodities Trading International Corporation v. Trading Corporation of Pakistan Ltd. and another 1987 CLC 2063; Abdul Sattar v. Port Qasim and others 2003 CLC 132; Excel Techno Solutions FZE, UAE through Sole Proprietor and another v. Messrs Oil and Gas Development Company Limited through counsel and another 2019 CLC 416; Ovex Technologies (Private) Limited v. PCK PK (Private) Limited and others 2020 CLD 15; M/s AB Sukab v. M/s Ghee Corporation of Pakistan PLD 1993 Kar. 508; Iltaf Hussain v. Zafar Iqbal and others 2015 CLC 447 and Sarhad Development Authority through Chairman, Peshawar v. Land Acquisition Collector/Deputy Commission, Abbotabad and 19 others 1998 SCMR 730 rel. Wasif Aleem for Petitioner. Noman Amin Farooqi for Respondents. Date of hearing: 31st March, 2022. JUDGMENT AAMER FAROOQ J.---The instant writ petition has arisen out of proceedings pending before respondent No.3, which are in the nature of Application…

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