Case Details

Citation(s)
2024 SLG 5687 2024 SLD 5687 2024 MLD 1918
Balochistan High Court
Civil Revision No. 822 of 2022, decided on 1st Nove. 2023.
Before Shaukat Ali Rakhshani, J
Rauf Atta, Additional Attorney General and Anwar Naseem Kasi, Deputy Attorney General-I for the Petitioners. Masood Ahmed and Barrister Zahoor Hassan Jamote for
Respondents. Date of hearing: 5th October, 2023.

CHIEF ENGINEER (WEST) PAKISTAN PUBLIC WORKS DEPARTMENT, QUETTA---Petitioner

VERSUS

   M/S    NIP    CONSTRUCTION    AND    ENGINEERING    CONSTRUCTION BUILDERS AND MANUFACTURERS through Karim Dad ---Respondents

Law: Arbitration Act, 1940

Section: 20, 30

Law: Qanun-e-Shahadat (10 of 1984)

Section: 114

2(a) Arbitration Act (X of 1940)------- Ss. 20 & 30--- Qanun-e-Shahadat (10 of 1984), Art. 114---Arbitration award--Arbitrator---Objection--- Estoppel, principle of--- Applicability--- Respondent company filed application under S.20 of Arbitration Act, 1940, for settlement of dispute through appointment of arbitrator--- Trial Court appointed sole arbitrator and his award was made Rule of the Court--- Lower Appellate Court maintained the Rule of the Court passed by Trial Court--- Petitioner authorities assailed Rule of the Court on the plea of misconduct of sole arbitrator--- Validity--- Sole arbitrator was appointed consensually and his appointment was never challenged before any higher forum--- Appointment of sole arbitrator was made in agreement with both the parties--- Up till rendering the award by him no objection was raised by the parties to the lis upon the appointment of sole arbitrator, which amounte to waiver of their objection, within the purview of law of estoppel as contemplated under Art.114 of Qanun-e-Shahadat, 1984--- Such objection could not be allowed to be raised at subsequent stage, particularly only for viewing purpose and after rendering arbitration award, more particularly when petitioner authorities had failed to assert that what bias the sole arbitrator was carrying at the time of rendering the arbitration award--- Arbitration award could only be objected, if specific allegations of misconduct were alleged, which did not figure in the present case--- High Court in exercise of revisional jurisdiction declined to interfere in orders passed by two Courts below as there was no illegality, perversity or jurisdictional error in decrees rendered by both the fora below, as contemplated under S.115 of C.P.C.---Revision was dismissed, in circumstances.Injum Aqeel v. Latif Muhammad Chaudhry 2023 SCMR 1361; Ijaz Ahmed v. Noor-ul-Ameen 2022 SCMR 1522; 2002 SCMR 1662; PLD 1998 SC 39; 1986 SCMR 1493; 2000 CLC 467; PLD 1993 Quetta 121; 2023 CLC 600 and 2023 CLC 788 ref.Government of Balochistan v. Abdul Nabi 1988 SCMR 1906; Saifullah Khan v. Karachi Customs agents Association 2011 YLR 202; Sh. Saleem Ali v. Sh. Akhtar Ali PLD 2004 Lahore 404;…
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