Law:

Section:

Limitation Act (IX of 1908)--- ----S.19---Acknowledgment of liability in writing made after expiry of period of limitation---Validity---Such acknowledgment would be irrelevant and would not come within ambit of S.19 of Limitation Act, 1908 and could. not give fresh start to period of limitation and save matter from being time barred---Illustration. Gadigeppa Bhimappa Meti V. Balagowda Bhimangowda AIR 1931 Born. 561; Asiatic Shipping Co. (Pvt.) Ltd. v. P.N.Djakarta Lloyd and another AIR 1969 Cal. 374 and F. Golsmith (Sicklemere) Ltd. V. Baxter 1970 Ch.85 ref. ORDER MUNIB AKHTAR, J.---These proceedings are by way of an award dated 5-4-2008 made by a learned single arbitrator, which has been filed pursuant to section 14 of the Arbitration Act 1940. The learned arbitrator has awarded a sum of Rs.23.847 million along with interest against the defendant in this suit, which is the Port Qasim Authority (hereinafter referred to as "PQA"). Notices were issued and PQA has filed its objections to the award and it is these objections that fall for consideration. Briefly stated, the award arises out of the following circumstances. On or about 15-5-1993, PQA awarded a contract for dredging services to be provided in order to clean up the port area. It appears that sometime in 1994 the contract was terminated and it was claimed by the service provider that a large sum of money was due and payable by PQA in respect of the dredging services. The contract provided for recourse to arbitration and it seems that these provisions were in fact invoked sometime in 1994. However it appears that no progress was made and the arbitration proceedings were abandoned. Thereafter the matter lingered for several years until finally a recovery suit was filed in this court against PQA, being Suit No. 1156 of 2003. PQA filed an application, being C.M.A. 1015 of 2004, under section 34 of the Arbitration Act. For reasons that will presently become clear this application will have to be considered in some detail in this decision. For present purposes, it suffices to note that by order dated 5-4-2005 the application was allowed by consent and the dispute referred to arbitration before a learned single…

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