| Citation(s) |
|---|
| 2011 SLG 655 2011 SLD 655 2011 CLC 841 |
Lahore High Court
First Appeal from Order No.32 of 1993, heard on 7-12-2010
CH. MUHAMMAD TARIQ, J
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First Appeal from Order No.32 of 1993, heard on 7-12-2010
CH. MUHAMMAD TARIQ, J
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CHAIRMAN, WAPDA and another
VS
Messrs SYED BHAIS (PVT.) LTD. and another
Law:
Section:
Arbitration Act (X of 1940)-------Ss. 30, 33, 13, 15, 21 & 22---Reference to arbitrator---Powers of court---Scope---Trial Court dismissed appellant/defendant's objection petition against award of the arbitrator---Appellant contended that the Trial Court could not reject the petition without framing the issues and providing them opportunity to lead evidence---Validity---Object of settlement of disputes through arbitration was to bypass the lengthy procedure involved in civil cases---Arbitration was a domestic tribunal controlled by chosen representatives of parties to do complete justice expeditiously without technicalities of procedural law---Trial Court did not prevent the parties from leading evidence, therefore, omission to frame issues was inconsequential---Court was not bound to frame issues and record evidence in all circumstances for decision of the suit---Function of court in arbitration cases was, principally, supervisory in nature under C.P.C.---Court had to give reasonable intendment in favour of the award leaning towards upholding rather than vitiating the same---Court would neither act as court of appeal nor override the award through its own by scrutinizing the award to discover errors for the purpose of setting aside the same---Allegations of misconduct against the arbitrator were vague in nature--Arbitrator followed the procedure and answered all the pleas and objections of the parties accordingly without violating any principle of natural justice---Findings of the arbitrator were within the parameters of the submissions made by the parties before him---Possibility of a different view by appreciating the facts with a different angle was no ground for setting aside the award---Arbitrator, being the final judge on question of law and fact, his decision merited weightage unless misconduct against' him stood proved---Not proper for the court to reappraise the evidence recorded by the arbitrator merely to discover errors or infirmities in the award---Appellant failed to point out any legal infirmity or lack of jurisdiction on the part of the arbitrator who dealt with the claims of parties minutely---Trial Court rightly dismissed the objection…
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