| Citation(s) |
|---|
| 1982 SLG 896 1982 SLD 896 = 1982 PLD 13 |
High Court Appeal No, 32 of 1980, decided on 5th July, 1981.
Before Sajjad All Shah and G. M. Kourejo, JJ
S. Shar fuddin Pirzada with Liaqat Merchant, Makhdoom Ali Khan, Ismail Rasani and Miss Rashlda Masood for Appellant. A. A. Fazeel for
Respondent No. 1.
JUNA BUNDER JOINT VENTURE, KARACHI-Appellant
VERSUS
BOARD OF TRUSTEES OF PORT OF KARACHI ETC. Respondents
Law: Arbitration Act (X of 1940)
Section: 8 , 9
JUDGMENT
SAJJAD ALI SHAH, J.--This High Court Appeal is filed against the judgment dated 20-4-1980 of learned Single Judge whereby application under sections 5, 9, 11 and 33 of the Arbitration Act 194u filled by Board of Trusts-.s of the Port of Karachi, incorporated under Karachi Port Trust Act VI of 1886 of respondent No. 1 before us against Messrs National Construction Company, incorporated in Pakistan, in joint venture with Messrs Christiani and Nielson A/S Copenhagen, Denmark (Jung Bunder Joint Venture)/appellants before us and Mr. Justice (Retd.) Mohammad Yakub Ali calling in question his appointment as a Sole Arbitrator by the appellants, has been disposed of by setting aside the appointment of Mr. Justice (Retd.) Mohammad Yakub Ali as sole arbitrator and allowing respondent No. 1 to nominate their own arbitrator within two weeks' time. It is further held in the impugned judgment that the arbitrators shall enter upon reference only on completion or alleged completion or alleged completion of the entire Works and not before.