Law: Evidence Act, (1 of 1872)

Section: 114

Law: Arbitration Act, 1940

Section: 11

Law: General Clauses (Amendment) Act, 1997

Section: 27

(a) Evident Act (1 of 1872)---S. 114 read with General Clauses Act (X of 1897), S. 27-Presump­tion-Certificate of posting-A4 official document-Address of addressee on such certificate being correct presumption raised of latter having been received by addressee. unless, of course, proved to con­trary.-[Presumption]. (b) Arbitration Act (X of 1940)- - S. 11-Arbitrator's misconduct-Award, setting aside of-Natural justice, principle of-Party not manifesting any intention to defy proceedings of arbitration or not to appear before arbitrator at all events but seeking adjournments on cogent grounds-Arbitrator. held, bound in circumstances to give opportunity to party seeking adjourn­ment and to appear and produce evidence and misconducted himself in proceeding a=Dame and giving ex pane award.-[Arbitrator]. ORDER The two arbitrators appointed by the parties filed their award on 25-1-72 in this Court whereby the defendant was required to pay a sum of Re. 1,53.400 to the plaintiffs with interest at the rate of 8 % per annum from the date of the award until payment. Pursuant to notice of filing of the aforesaid award the defendant has filed the objections to the award and prays for setting aside the same. The facts leading to the arbitration and passing of the award may be briefly stated By an agreement in writing dated 13-5-66 the defendant had under­taken to supply all his cotton ginned, pressed or bailed at his factory for the entire cotton season of 1966-67 on terms and conditions mentioned in the agreement. The agreement contained an arbitration clause providing for adjudication of disputes arising out of the contract to be referred to arbitration in accordance with the by-laws of the Karachi Cotton Association Ltd. It seems disputes arose between the parties and the matter was referred to arbitration by two arbitrators, one appointed by each party. The arbitrators passed the impugned award on 27-12-71 ex parte on account of the absence of the defendant on the date fixed for hearing of the parties viz. 17-12-71. In their written objections filed in this Court the defendant had disclosed the facts forming the background of the arbitration proceedings. It is stated…

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