Law: Qanoon-e-Shahadat Order, 1984

Section: 75, 76

Law: Arbitration Act (X of 1940)

Section: 30, 35, 8, 9(B), 31, 39, 29

Law: Civil Procedure Code (V of 1908)

Section: O.III, 1, 2A

(a) QanuneShahadat (10 of 1984) Arts. 75 & 76-Arbitration Act (X of 1940), Ss.30 & 33Secondary evidenceFiling of objections to award by an unauthorised personPower of attorney was neither registered nor the same was attested by Notary PublicValidityWhere 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 QanuneShahadat, 1984Inadmissible document could not be read in evidence and the same was excluded from considerationPower 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 objectionsObjections filed by such person were considered nonexistent in circumstances. (b) Civil Procedure Code (V of 1908) O.III, Rr. 1 & 2Appearance through counselAppointment of counsel by unauthorised person EffectWhere 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. 8Appointment of arbitratorPowers of CourtProvisions 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 arbitratorFailure to appoint substitute arbitrator within specified timeEffectSuch 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. 9Notice, issuance ofFailure to receive the notice issued by sole arbitratorOnus to proveWhere registered notice was issued by the sole arbitrator to the other party, presumption was that the notice was issued Burden was…