| Citation(s) |
|---|
| 1981 SLG 3402 = 1981 SLD 3402 = 1981 CLC 379 |
Court of Special Judge, Karachi
Suit No. 67 of 1979, decided on 4th March, 1980.
Presented By: Naimuddin, J
Samiuddin Sami for Plaintiff: Sarfaraz Ahmed, Asstt. A.-G. for Defendants.
Suit No. 67 of 1979, decided on 4th March, 1980.
Presented By: Naimuddin, J
Samiuddin Sami for Plaintiff: Sarfaraz Ahmed, Asstt. A.-G. for Defendants.
S. ZAHIR HUSSAIN-Plaintiff
VERSUS
PROVINCE OF SIND AND ANOTHER--Defendants
Law: Arbitration Act (X of 1940)
Section: 8, 30, 28
(a) Arbitration Act (X of 1940) Ss. 8 & 30-Arbitration-Defendants having consented to appoint ment of arbitrator, having taken part in proceedings before such arbitrator and having taken a chance for a favourable decision, held, estopped from challenging award on ground of having not been appointed in accordance with S. 8.-[Estoppel]. Haji Ghulam Mohyuddin v, Federation of Pakistan P L D 1967 Lab. 204; Messrs Habib & Sons v. Messrs Virak Co. P L D 1957 Kar. 245 and Sind Cotton Exporters v. A. B. Sadiq Brothers P L D 1955 Sind 268 rel. Messrs Hafiz Abdul Aziz Cotton Ginning Factory v. Messrs Haji All Muhammad Abdullah & Co. and another P L D 1966 Kar. 197 ref. (b) Arbitration Act (X of 1940) S. 28-Arbitration-Limitation-Limitation period for giving award-To be counted from date of entering upon reference by arbitrator-Arbitrator holding bearings promptly and diligently Plaintiff completing his evidence and submissions without asking for even a single adjournment but defendants very often seeking adjourn ment causing delay-Plaintiff, not negligent in circumstances-Parties taking part in arbitration proceedings without any objection beyond statutory period, Court, held, normally exercises its discretion in favour of extending time-Extension in time allowed and…