Law: Arbitration Act (X of 1940)

Section: 39

Arbitration Act (X of 1940)--- ----S. 39---Award made rule of the Court---Validity---Appellants had appeared and tendered objections to the award and only thereafter issues were framed and they were called upon to produce evidence thereon---Objection as to irregularity in appointment of arbitrators was destitute of merit for appellants had actively participated in the arbitration proceedings and one of the arbitrators was officer of appellants---Evidence of witnesses of appellants militate against plea of misconduct of arbitrators---Award showed in-depth study of the relevant record and the issues alongwith implications arising ex -contract between the parties---Arbitrators had made exhaustive appraisal of respective claims of the parties and determined them on basis of documents and evidence presented to them---Every claim of respondent was dissected and discussed threadbare and out of them some claims were even rejected-- Award would be upheld where arbitrators had given fair and proper opportunity to both the parties to establish their respective cases and had adequately considered and decided every item of claim made by the respondent/claimant---No misconduct was established against the arbitrators---Appeal against award which had been made rule of the Court was dismissed in circumstances. Ashfaq Ali Qureshi v. Municipal Corporation, Multan and another 1985 SCMR 597; Messrs Habib & Sons v. Messrs Virak Co. PLD 1957 (W.P.) Kar. 245 and Lahore Development Authority v. Messrs Khalid Javed & Co. 1983 SCMR 718 rel. Gulzar Ahmad Qureshi for Appellants. Riaz Ahmad Qureshi for Respondent. Date of hearing: 17th October, 1992. JUDGMENT This appeal under section 39 of the Arbitration Act wherein the judgment and decree dated the 7th of July, 1991, passed by the learned Civil Judge Ist Class; Lahore,. upholding the award, has been assailed.     Khalid and Company, hereinafter to be described as the respondent, had filed the petition under sections 8 and 20 of the Arbitration Act (hereinafter referred to as Act) seeking direction from 14he Court to the Government of the Punjab through the Secretary to the Government of the Punjab, Housing and Physical…