Law: Arbitration Act (X of 1940)

Section: 32 , 11

Arbitration Act (X of 1940)--- ----S. 32---Civil Procedure Code (V of 1908), O.VII, R.11---Suit on basis of Arbitration award---Rejection of plaint---Arbitration award was not made rule of the Court---Effect---Award could not be enforced by filing an independent suit under S.32 of Arbitration Act, 1940, if it was not made rule of the Court. Messrs Awan Industries Ltd. v. The Executive Engineer; Lined Channel Division and another 1992 SCMR 65 rel. Sardar Allah Nawaz Khan for Petitioner. ORDER Petitioner Rahmat Ali Khan had instituted a suit against the respondents', for declaration to the effect that he is the owner in possession of a Flying Coach bearing Registration No.BU-6455 in accordance with the Arbitration Award' given by Sahibzada Saifur Rehman and Saaduallah Khan and, that, therefore, the defendants were bound to hand over the registration hook of the vehicle in question alongwtth Route Permit (Para.A) and balance amount of Rs.60,000 to him. He had also prayed, for declaration that he was entitled to ply the vehicle in question in accordance with law. Additionally, a prayer was made for mandatory injunction restraining the respondents from, interfering with the plying of the vehicle in question and to act in accordance with the Arbitration Award mentioned above- The respondents appeared in the trial Court and instead of filing written statements, submitted an application before it, praying therein that the plaint be rejected under Order 7, Rule 11, C.P.C. The trial Court directed the petitioner to file replication and the needful was done. After hearing the learned counsel for the parties, the trial Court (name of the Civil Judge has not been mentioned on the certified copy of the   judgment) rejected the plaint under Order 7, -Rule II, C.P.C. by its order recorded on 13-6-1997. Aggrieved by the said order, the petitioner filed an appeal with the District Judge. The…