Law: Arbitration Act, 1940

Section: 17,30(a)

Law: Arbitration Act, 1940

Section: 17,30(a)

Arbitration Act (X of 1940)-------Ss. 17 & 30(a)---Award---Misconduct---Petitioner filed application for making award rule of court---Contention of respondent was that arbitrator committed misconduct---Application was accepted concurrently---Validity---Trial Court accepted the application and rejected the objections without framing of issues and recording of evidence---Petitioner had raised objection that the arbitrator committed misconduct---Objection could not be decided summarily and required thorough probe and recording of evidence-- -Summary decision made by the Trial Court and upheld by the Appellate Court was violative of the mandatory provisions of law which suffered from material illegality and same was not sustainable in the eyes of law---Impugned s of both the courts below were set aside---Matter was remanded for decision afresh. Chief Administrator Auqaf Punjab and another v. Mst. Nazir Fatima 1998 MLD 176 and Firm Sant Lal. Mahadeo Prasad v. Kedar Nath AIR 1935 All. 519 rel. Muhammad Akram Kh. for Petitioner. Muhammad Afzal for Respondent. ORDER MUHAMMAD FARRUKH IRFAN KHAN, J.---Facts of the case in brief are that respondent filed an application under section 17 of The Arbitration Act, 1940 for making award dated 8-2-1996 Rule of the Court. The petitioner filed certain objections which were rejected by the learned trial Court vide order dated 18-2-1998. Arbitration Award was made rule of the court. Being aggrieved the petitioner filed appeal before the learned Additional District Judge, who vide impugned judgment dated 1-10-2004 dismissed the same. Hence, this revision. 2. Learned counsel for the petitioner submits that the learned trial court rejected the objection of the petitioner without framing necessary issues and affording him an opportunity to produce evidence in support of his claim; that the learned trial Court made the award as rule of the court in violation of the mandatory provisions of the Arbitration Act; that the Arbitrator misconstrued the provisions of agreement while drawing award and the learned trial Court equally fell in error in making the award as rule of the court; that the petitioner raised specific objection as to the…

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