Law: Arbitration Act (X of 1940)

Section: 133,2(a),8(1),8(b),20(4)

Law: Civil Procedure Code (V of 1908)

Section: 115

  Arbitration Act (.X of 1940)---S. 33 and Civil Procedure Code (V of 1908), S. 115-Decision under S. 33, Arbitration Act, 1940-Open to revision under S. 115; C. P. C.   Muhammad Swaleh v. United Grain & Fodder Agencies P L D .1964 S C 97 and Singh's "Commentary on the Law of Arbitration", (IV Edn.), p. 369 rel.   Municipal Board v. E. U. P. E. Supply Co. Ltd. A I R 1958 All. 506 and Zafar Ahmad v. Abdul Khaliq P L D 1964 Kar. 149 ref.   Civil Procedure Code (V of 1908)----S. 115-Revision petition admitted for hearing-High Court has jurisdiction to "make such order in the case as it thinks fit".   Arbitration Act (X of 1940)---S. 2(a)-Term "written agreement"-Interpretation.   The words "written agreement" in section 2(a) of the Arbitration Act, 1940 mean any writing whether it be correspond ence directly embodying the agreement to refer differences to arbitration or an application for the membership of an organization necessarily implying such an agreement. Any writing or writings attributable to the parties which unmistakably prove their intention to refer their disputes to arbitration are satisfactory in terms of the provision of law.   Kotumal Pokardas v. Adam Haji Pir Muhammad A I R 1939 Sind 357 ; Mohanlal Chhanganlal Shah v. Bissesarlal Chirawalla A I R 1947 Bom. 268 and Firm Chimanram Motilal v. Firm Vandravandas Gordhandas A I R 1948 Born. 55 ref.   Arbitration Act (X of 1940)----Ss. 8(1)(b) & 20(4) Power of Court to appoint arbitrator-Power does not confer authority on Court to substitute original agreement of parties by entirely new agreement of its own choice.   Under section 8(1)(b) of the Arbitration Act, 1940 the Court, can appoint an arbitrator or umpire when an arbitrator or umpire appointed by the parties "neglects or refuses to act, or is incapable of acting or dies"; and in terms of section 20(4) of the Act the Court can order reference to an arbitrator appointed by itself "where the parties cannot agree upon an arbitrator" which in other words means that the Court can replace a person of its own choice to give effect to the…