Law: Arbitration Act (X of 1940)

Section: 2 (a) , 30 , 14

JUDGMENT

These are the objections to the award dated 9-9-1978 given by an umpire. The facts leading to the filing of the above objections are that the defendants purchased 300 bales of cotton from the plaintiffs. According to the plaintiffs the defendants had paid certain amount, leaving a balance of Rs. 65,612.78 i.e. Rs. 33,058/76 being the balance of the price and Rs. 32,554.02 being the amount of interest on the price. It ,has been averred that as the defendants had failed and neglected to pay the above amount, the plaintiffs appointed their arbitrator, Mr. Nasirul Hassan and called upon the defendants to nominate their arbitrator in terms of bye-law 39 of the Karachi Cotton Association and that as the defendants had failed to appoint their arbitrator, the plaintiffs appointed Mr. Shah Shamimul Haq as an arbitrator on behalf of the defendants. There is no indication as to how the matter was referred to the umpire. However, in the body of the award it has been stated by the umpire that as the two arbitrators failed to come to a decision, they referred the matter to the umpire named above.