Law: Arbitration Act, 1940

Section: 21,28

Law: Arbitration Act, 1940

Section: 21,28

Law: Specific Relief Act, 1877

Section: 12

(a) Counsel and client-------Power of attorney---Scope---Power of attorney executed in favour of counsel bears an authority in favour of counsel to make statement about compromise, arbitration or decision on special oath. (b) Arbitration Act (X of 1940)--- ----S. 21---Reference to arbitrator---Term "apply in writing"---Scope---Categorical and unambiguous joint statement was made on oath by counsel for parties, one of the plaintiff and attorney of one of the defendant---Effect---Requirement of law had been dilly fulfilled and for all intents and purposes it would be deemed that parties had applied in writing within the meaning of S.21 of Arbitration Act, 1940. Province of Punjab and another v. Messrs Industrial Machine Pool, Lahore PLD 1978 Lah, 829; Tariq Hussain and another v. Additional District Judge, Vehari and 2 others 2006 CLC 514; Messrs Ahmed Constructions through Sole Proprietor v. Messrs Neptune Textile Mills and another PLD 1990 Kar. 216; Murad khan and another v. Dildar Khan and others PLD 1966 (W.P.) Pesh. 173 and Messrs U.I.G. (Pvt.) Limited through Director and 3 others v. Muhammad Imran Qureshi 2011 CLC 758 rel. (c) Arbitration Act (X of 1940)--- ----S. 28---Specific Relief Act (I of 1877), S.12---Specific performance of agreement to sell---Reference to arbitrator---Award beyond prescribed period---During proceedings before Trial Court, matter was referred to arbitrator with the consent of parties---Arbitrator without getting extension in time, announced the award beyond the period prescribed by Trial Court---Validity---Trial Court had ample powers under section 28 of Arbitration Act, 1940, to enlarge time for making of award but the time was not extended---No clause existed in the agreement empowering the arbitrator to enlarge time so all proceedings conducted by him after expiry of fixed date were without authority, as he had become functus officio---Award made by arbitrator after expiry of prescribed date without formal enlargement of time by court or clause in written agreement empowering him in such behalf was void and was not binding on the parties---Disputed award suffered from such legal infirmity and could have not been made rule of the…

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