Law: Civil Procedure Code (V of 1908)

Section: Order 20, rule 3

FAZAL ELAHI KHAN, C J.--Messrs Shahnawaz Limited has assailed in this writ petition the arbitration award dated 14-5-1986 by respondent No.l through respondent No.4, holding the petitioner liable to the demurrage charges amounting to Rs. 2 , 31,122 on account of delay in clearing the consignment of goods from Karachi Port, on the ground of it being arbitrary, unjust, violative of the law, without lawful authority and of no legal effect.

2.  This writ petition was finally heard and allowed by an oral order on 18-6-1990. As late Justice Muhammad Azam Khan, a member of the Division Bench was confined to bed, therefore, his signature on the judgment could not be obtained. However when the writ petition was fixed for re-hearing Mr. N.M. Khan, the learned counsel for the writ-petitioner objected to the re-hearing of the writ petition on the ground that the oral order announced in open Court was binding on the parties and the matter cannot be re-opened. That non-signing of the judgment and order is a legal formality which can be fulfilled by making an observation to that effect. The learned Advocate-General while resisting the objection argued that there was no valid and binding judgment in the eye of law as an oral order announced in open Court did not fulfil the legal requirement of a judgment within the meaning of Order 20, rule 3 of the C.P.C. Both the learned counsel for the parties addressed lengthy arguments and produced law for and against. At the same time they were asked to address arguments on merits. After hearing the learned counsel we preferred not to enter into the controversy referred to above and decided to dispose of the writ petition on merits.