| Citation(s) |
|---|
| 1991 SLD 1687 = 1991 CLC 1374 |
Lahore High Court
Writ Petition No.5923 of 1989, heard on 17th March, 1990.
Presented By: Before Muhammad Arif, J
Ch. Muhammad Arshad for Petitioner. Muhammad Hussain Naqshbandi for
Respondent No.1. Nemo for
Respondent No.2.
Writ Petition No.5923 of 1989, heard on 17th March, 1990.
Presented By: Before Muhammad Arif, J
Ch. Muhammad Arshad for Petitioner. Muhammad Hussain Naqshbandi for
Respondent No.1. Nemo for
Respondent No.2.
Haji ABDUL RAZAQ and others --- Petitioners
VERSUS
MUHAMMAD ISHAQ and others --- Respondents
Law: Arbitration Act (X of 1940)
Section: 17
Arbitration Act (X of 1940)--- ---- S.17 --- Constitution of Pakistan (1973), Art. 199 --- Judgment in terms of award---Validity --- Petitioners claimed that due to their arrest in criminal cases they could not appear before Authority and thus were proceeded against ex parte and that such proceedings were liable to be set aside --- Contesting respondent in his written statement had stated that appropriate remedy would be to remand the case for decision afresh ---- Judgment in terms of award was declared to have been passed without lawful authority and of no legal effect --- Case was remanded to Authority for decision afresh after hearing parties. Ch. Muhammad Arshad for Petitioner. Muhammad Hussain Naqshbandi for Respondent No.1. Nemo for Respondent No.2. Date of hearing: 17th March, 1990. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 assails the judgment and decree dated 10-4-1989. of the Board of Arbitrators of Market Committee, Pindi Bhattian District Gujranwala directing the petitioners to pay a sum of Rs.1,73,377 to respondent No.l. This decree has been challenged inter alia on the ground that as the liability to pay the amount in question was that of the…