Law:

Section:

(a) Arbitration Act (X of 1940)-------S. 14(2)---Remitting of award---Serving of notices on parties---Scope---Dispute between claimant (appellant) and government department (respondent) resolved through arbitration---Arbitrators submitting their award before the court---Claimant, District Attorny and an official representing the Government department making conceding statements before the court to the effect that they would not object to the award---Authority to make conceding statement by said official---Scope---Said official made an application for adjournment in order to file objection to the award but same was dismissed by the Trial Court---High Court set aside decree of Trial Court holding that the official and District Attorney were not empowered to make concessional statements before the Trial Court and that in terms of S.14(2) of the Arbitration Act 1940, Trial Court should have served notices on the parties after the arbitrators had filed the award---Validity---Reply to claimant's application for appointment of arbitrators was made by said official on behalf of the Government department---Before arbitration award was submitted in court, said official was representing the Government department and was present on the day the award was filed and continued to appear before the court on subsequent dates---Government department had never questioned the authority of the official to represent it or to make a statement on its behalf---Fact that said official had made an application before the Trial Court for filing objection to the arbitration award showed that he continued to represent the Government department---Executive Engineer (XEN) who represented the Government department along with said official during the arbitration proceedings had also not questioned the authority of the official to make a statement on behalf of the Government department---Said official and District Attorney were present before the Trial Court when the award was filed, therefore, no prejudice was caused to the Government department---Appeal was allowed, and decree of the High Court were set aside and that of the Trial Court was restored. Pakistan through General Manager Pakistan…

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