Law: Arbitration Act (X of 1940)

Section: 16,33

  Arbitration Act (X of 1940)-----Ss. 16 & 33-Remission of award-Court, on consent of parties, remitting award for clarifi cation on certain points -Arbitrator not bound to hear parties afresh nor under obligation to afford them fresh opportunity to adduce additional evidence.   Where, by consent of parties, an award was remitted back to arbitrator for clarification on certain points only and there was no intention of the parties to have a re-hearing in the matter nor did they reserve any right to adduce further evidence:   Held, in cases where the arbitrator is called upon only to clarify certain points and the arbitrator does not make any fresh decision it is not obligatory on him to give a fresh hearing to the parties or to afford them further opportunity to adduce additional evidence.   The Queen v. The Recorder of Bolton (1844) 6 Q B D 164 distinguished.   Russell's "On Arbitration", 17th Edn., p. 354; In re: Morris and Morris 119 E R 948; In re: Huntley 118 E R 631 and Stumal v. Khudadad 1929 Sind 164 ref.   Date of hearing: 3rd December 1965.   JUDGMENT   WAHIDUDDIN AHMED, J.-----This is a Letters- Patent Appeal from the order of a learned Single Judge in Suit No. 81 of 1960, decided on 29th August 1961. By this order the learned Single Judge overruled the objections filed by the appellant and made the award the rule of the Court and passed a decree in terms of the award.   2. The appellant and Respondents 1 to 3 are brothers. There was dispute between them in respect of certain joint movable and immovable properties. In Miscellaneous No. 22 of 1959 on 25th November 1959, the dispute between the parties was referred to Haji Sujauddin, respondent No. 4 for decision as an arbitrator. The arbitrator filed his award dated 11th April 1960, which was registered as Suit No. 81. By this award he decided all the disputes between them in respect of the business, assets and liabilities in properties both movable and immovable jointly owned by them. The parties filed objection to the award. On 10th March 1961, Qadeeruddin Ahmed, J. by consent of the parties remitted the award to the arbitrator for…