Law: Qanun-e-Shahadat (10 of 1984)

Section: 75, 76

Law: Arbitration Act, 1940

Section: 30, 33

Law: Civil Procedure Code (V of 1908)

Section: O.III, Rr. 1, 2

(a) Qanun-e-Shahadat (10 of 1984) Arts. 75 & 76---Arbitration Act (X of 1940), Ss.30 & 33---Secondary evidence---Filing of objections to award by an unauthorised person---Power of attorney was neither registered nor the same was attested by Notary Public---Validity---Where the executant of power of attorney was alive at the time of recording of evidence and did not appear in evidence nor the original document was produced on record, copy of such power of attorney was not proved in accordance with provisions of Arts.75 & 76 of Qanun-e-Shahadat, 1984---Inadmissible document could not be read in evidence and the same was excluded from consideration---Power of attorney was not proved on the basis of which the objections were filed by a person not authorised and competent to sign, verify and file the objections---Objections filed by such person were considered non-existent in circumstances. (b) Civil Procedure Code (V of 1908) O.III, Rr. 1 & 2---Appearance through counsel---Appointment of counsel by unauthorised person--- Effect---Where proceedings were initiated by unauthorised person, the appointment of counsel by such unauhorised person was not valid. Thal Development Authority v. Nisar Ahmed Qureshi PLD 1962 (W.P.) Lah. 830 ref. (c) Arbitration Act (X of 1940) S. 8---Appointment of arbitrator---Powers of Court---Provisions of S.8, Arbitration Act, 1940 are applied to such cases where the arbitrator of arbitrators are to be appointed by the consent of all parties and not to those where each party is to appoint his own arbitrator. (d) Arbitration Act (X of 1940) S. 9(b)---Sole arbitrator---Failure to appoint substitute arbitrator within specified time---Effect---Such failure would justify the appointment of arbitrator by the other party to act as sole arbitrator. Haroon Oil Mills v. Kohinoor Cotton Ginning Factory PLD 1961 Kar. 175; Abdul Hakim K. Khan v. Begum Khanum Jan and others 1989 MLD 1304 and Azhar Farooaui v. Pervez Anwar and another 1986 CLC 359E ref. (e) Arbitration Act (X of 1940) S. 9---Notice, issuance of---Failure to receive the notice issued by sole arbitrator---Onus to prove---Where registered notice was issued by the sole…