Law: Arbitration Act (X of 1940)

Section: 8

(a) Arbitration Act (X of 1940), S. 8(1)(b)-Arbitration ---Incapability of arbitrator to act-Vacancy must be supplied by Court-Agreement of reference to two Arbitrators and in case of difference of opinion matter to be decided by Sarpanch (Umpire)-One Arbitrator informing Court that he was not capable of acting as such-Court, without supplying vacancy referring matter to Sarpanch who had not been appointed to act as sole Arbitrator---Sarpanch, in circumstances, held, could not give ar, award-Award given by Sarpanch, in circuan stances, held, vitiated for non-compliance of provisions of S. 8(l)(b). Hariram Khiaram v. Gobindram Rattan Chand P L D 1949 Sind 30 and Yar Muhammad and another v. Ghulam Sarwar and others P L D 1952 Lah. 563 rel. (b) Arbitration Act (X of 1940), S. 16--Remission of award---Dispute regarding goodwill of shop in suit for dissolution of farm and rendition of account-Arbitrator not determining money value of goodwill of firm in his award-Court, in circumstances, held, em powered to remit award to arbitrator for determining money value of goodwill. (c) Arbitration-Award---Arbitrator touching interest of strangers to proceedings before him-Award void. Azizud Din Ahmed v. Aziz Ahmad and others P L D 1956 Kar. 497 rel. (d) Arbitration Act (X of 1940), S. 39(1)(vi)---Appeal--- Court refusing to set aside award-Order of Court, held, appealable. Dates of hearing : 10th, 17th and 26th March 1970.   JUDGMENT This is a first appeal against the: order of the learned Civil Judge, 1st Class, Lyallpur, dated 9th May 1968 whereby he made the award rule of the Court. 2. Brief facts of the case are that Muhammad Sharif respon dent filed a suit for dissolution of partnership and rendition of accounts being a partner of Taj Din & Company, Amritsari. During the pendency of the suit the parties agreed to refer their dispute to arbitration, Hafiz Muhammad Ayub was nominated as an arbitrator by the plaintiff while Ch. Muhammad Tufail was selected by the two defendants. It was agreed that in case of difference of opinion between the two arbitrators Ch. Karam Illahi, Advocate, shall act as Sarpanch. The matter was referred to arbitration on 26-9-1963. On…