| Citation(s) |
|---|
| 2025 SLG 416 2025 SLD 416 = 2025 CLC 181 |
Islamabad High Court
F.A.O No. 167 and Civil Revision No. 334 of 2019, decided on 7th August, 2024.
Before Arbab Muhammad Tahir, J
Mansoor Ahmed for Petitioner (in C.R. No.334 of 2019). Muhammad Ilyas Sheikh and Barrister Talha Ilyas Sheikh for
Respondent No.1. (in C.R. No.334 of 2019 as well as F.A.O. No.167 of 2019).
F.A.O No. 167 and Civil Revision No. 334 of 2019, decided on 7th August, 2024.
Before Arbab Muhammad Tahir, J
Mansoor Ahmed for Petitioner (in C.R. No.334 of 2019). Muhammad Ilyas Sheikh and Barrister Talha Ilyas Sheikh for
Respondent No.1. (in C.R. No.334 of 2019 as well as F.A.O. No.167 of 2019).
SAEEDA JILLANI and others---Appellants
Law: Arbitration Act, 1940
Section: X,14,17,30,10(a)
Arbitration Act (X of 1940)-------Ss. 14, 17 & 30---Rules under the Arbitration Act, 1940 [framed by Lahore HighCourt], R.10(a)---Award, made rule of Court---Locus standi---Objection to award--Duty of Court---Petitioner was aggrieved of award being made rule of the Court and dismissal of objections to the award---Validity---While considering validity of arbitration award within the limbo of S. 30 of Arbitration Act, 1940, Court does not sit as a Court of appeal and avoids reappraisal of evidence---Parties resorted to arbitration of their free will, thereof, award has become final in relation to facts as well as in law and interference therewith by Court was hardly merited unless there existed patent illegality or specific grounds as enunciated in Arbitration Act, 1940---Award was exceptionable and could be interfered with only in cases where there surfaced an error on the face of record not requiring scrutiny beyond Award for discovering the same--Award could be filed by not just the arbitrator/umpire but by parties to arbitration proceedings as well---Arbitrator/umpire was not obligated under S. 14 of Arbitration Act, 1940, to provide the parties with signed copies of the award---Provision of S. 14 of Arbitration Act, 1940, did not pose obstacle before arbitrator/umpire from providing un-signed copies of the award to parties---Where arbitrator/umpire provided the parties with signed copies of the award, they or any of them were at liberty to file the same in Court on the basis of R. 10 of Rules under Arbitration Act, 1940---High Court declined to interfere in the judgment passed by Trial Court---Appeal was dismissed, in circumstances.2010 YLR 1448; 2004 YLR 1882; 1999 CLC 1685; 2007 YLR 1608; 2003 YLR 1109; PLD 2017 Isl. 1; 2008 CLC 1476; 2010 YLR 164; 1994 SCMR 603; 2010 YLR 1448; PLD 1953 Sindh 18; PLD 2016 SC 121; 2009 SCMR 29; 2014 SCMR 1268; 2018 SCMR 662; 2010 CLC 1014; 2017 YLR 301; AIR 1963 AP 8; PLD 2016 SC 872; PLD 2003 Lah. 522; PLD 1986 Quetta 321; UNICITRAL Model Law on International Commercial Arbitration; CDA and another v. Messrs Habib Rafiq (Pvt.) Ltd and others 2021 SCMR 1137; Inayat Ullah Khan v. Obaidullah Khan and others 1999 SCMR…
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