Case Details

Citation(s)
2011 SLG 2051 2011 SLD 2051 2011 YLR 202
Sindh High Court
Suit No. 1190 of 2009, decided on 22nd September, 2010. DATE of hearing: 16th September, 2010
IRFAN SAADAT KHAN, J
Plaintiff No. 5 in person. Nemo for the Defendants

SAIFULLAH KHAN and others

VS

KARACHI CUSTOMS AGENTS ASSOCIATION and others

Law:

Section:

(a) Arbitration Act (X of 1940)--- ----S.17---Qanun-e-Shahadat (10 of 1984), Art. 114---Arbitration, consent to---Principle of estoppel---Applicability---Principle of estoppel and acquiescence is applicable with full force to which parties have consented to arbitrate and participate in proceedings before Arbitrator. (b) Arbitration--- ----Award---Duty of Court---Scope---Law leans in favour of upholding award and not vitiating the same, when a party having submitted to the jurisdiction of arbitration. (c) Arbitration Act (X of 1940)--- ----Ss.14, 17 & 30---Sindh Chief Court Rules (OS), Rr. 282 & 283---Award---Objections---Matter was referred to sole arbitrator, with the consent of parties and arbitrator filed award for making the same as rule of the Court---Defendant objected to award on the ground that he was not given opportunity of hearing---Validity---Defendant had fully participated in proceedings and had specifically mentioned in the objections that his averments had duly been incorporated by the Arbitrator in his Award---Having allowed to deal with the matter, defendant was estopped and acquiesced with the matter of objecting to the same on the ground that he was either not heard or not given sufficient opportunity to present his case-High Court found the objections filed by defendant as frivolous and contrary to record---No error was apparent as alleged by defendant calling interference by High Court---Valid award had binding force and such award was to be made rule of the Court---Award was made rule of the Court. PLD 2004 Lah. 404 and 2001 CLC 289 rel. JUDGMENT IRFAN SAADAT KHAN, J.---The Award dated 20-8-2009 has been filed by the learned Sole Arbitrator under section 14(2) read with section 17 of the Arbitration Act, 1940 and with Rule 282 of the Sindh Chief Court Rules for pronouncing the judgment followed by the drawing of decree in terms of the Award. 2. Briefly stated, the facts are that Mr. Justice (Retd.) Muhammad Mujibullah Siddiqui was appointed as a Sole Arbitrator by this Court in the above suit vide order dated 27-5-2009 in the following terms:-- "It appears that a controversy has erupted between the parties over the meaning to be…
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