Law:

Section:

Arbitration Act (X of 1940)---

---- Ss. 11 & 30 --- Civil Procedure Code (V of 1908), S.115 --- Money suit --- Sole arbitrator appointed by parties --- Defendant's application on 8-11-1992 under S.11, Arbitration Act, 1940, a leging misconduct against arbitrator and praying his removal culminated into direction to arbitrator on the same day to restrain himself from performing function of arbitrator --- Arbitrator, however, a legedly submitting his award on the same day i.e., 8-11-1992 --- Validity of award- Order-sheet dated 8-11-1992, maintained by the arbitrator showed that representative of defendant had attended the arbitrator. on 8-11-1992 at 6-00 p.m., which fact indicated that Arbitrator took up the matter after 6-00 p.m. when the Court had already passed a stay order against him which had been necessarily communicated to him during the working hours i.e. before 2-30 p.m.---Arbitration award having been submitted in Court after receipt of stay order from Court had no legal sanctity in the eye of law and even without setting it aside the same, has to be ignored as non-existent in the eye of law --- Award in question, being ilegal, void and non-existent in the eye of law, application under S. 11, Arbitration Act, 1940, for removal of Arbitrator, would not become infructuous --- Impugned award was, thus, liable to be ignored without adhering to provisions of S.30, Arbitration Act, 1940 --- Order of Court below setting aside such award was maintained in circumstances

Abdul Rashid Khan and 2 others v. Mst. Naseem Akhtar 1974 SCMR 509; PLD 1975 SC 678; Chairman, District Screening Committee, Lahore and another v. Sharecf Ahmad Hashmi PLD 1976 SC 258; 1975 SCMR 312; Abdul Hamid v. Government of West Pakistan through Secretary, Communication and Works Department and another PLD 1975 Lah. 1427 and 1970 SCMR ret