Law: Arbitration Act (X of 1940)

Section: 17 , 158

Arbitration Act (X of 1940)--- ----S. 17---Limitation Act (IX of 1908), Art.158---Constitution of Pakistan (1973), Art.199---Constitutional petition---Proceedings under S.17, Arbitration Act, 1940, for making award rule of Court---Essentials---Petitioner neither placing original award nor copy thereof, in Court so as to justify proceedings on his application for making the award rule of Court---Provision of S.17, Arbitration Act, 1940 deals with cases where award has been actually filed before Court either through party or by the arbitrator---Once award had been filed 'before Court then Court would get jurisdiction to take further proceedings in accordance with law and pass decree thereon---Scheme of S:17, Arbitration Act, 1940, is that after filing of award in Court, opportunity is given to party challenging its legality or correctness to file objection petition for setting aside the award---Such petition has to be filed within 30 days under Art.158, Limitation Act, 1908, failing which party in whose favour award was made would be entitled to decree in terms of that award---Such exercise as contemplated under S.17, Arbitration Act, 1940, would be necessary only, if award had been filed in Court=--Where, however, award and its copy, though in possession of petitioner were never filed in Court, further proceedings under provisions of S.17, Arbitration Act, 1940, were merely exercise in futility-- Where the existence of very award was denied by respondents and petitioner, despite having original award as well as copy thereof in his possession, never cared to file the same in Court, Court was justified to dismiss his application for making award the rule of Court. Farid Majid and another v. Muhammad Nawab PLD 1976 Kar. 891 and Jai Kishan v. Ram Lal Gupta AIR 1944 Lah. 398 ref. Riaz Karim Qureshi for Petitioner. Nemo for Respondent No.1 Mian Hameed-ud-Din Kasuri for Respondent No.2. Date of hearing: 24th October, 1994. JUDGMENT This Constitution petition has been filed to assail the order dated 13-9-1992 passed by the learned Additional District Judge, Nankana Sahib, respondent No.1 whereby petitioner's application under section 17 of the Arbitration Act…