Law:

Section:

Arbitration Act (I of 1940)--- ----Ss.12 & 20---De novo arbitration proceedings---Objection application---Arbitrator duly appointed having failed to file the award, applicant submitted an application for revocation of authority of said arbitrator and for appointment of new arbitrator---New arbitrator was appointed for conducting de novo arbitration proceedings on all legal and factual matters pertaining to the agreement---Subsequently applicant submitted an application for taking up the proceedings from the stage where the proceedings were left by the former arbitrator---Applicant had alleged that order passed to the effect that de novo proceeding should be conducted was against the norms of justice, equity and established principles of law and procedure---Applicant had also alleged that order for de novo proceedings was obtained by way of fraud and mis representation---Said allegation did not find any support from the record as parties as well as their counsel were present before the High Court when order for conducting de novo proceedings by the arbitrator was passed---Order to the effect of recording de novo evidence passed by the arbitrator had never been appealed against by the applicant---Objection raised by the counsel for the applicant to the effect that de novo proceedings could not be ordered by the court, was without any force because the parties themselves had entered into an agreement which was presented before the court and the court had ordered for the same in view of agreement between the parties---No embargo existed in Arbitration Act, 1940 from which it could be inferred that no de novo proceedings could be ordered in a matter under arbitration---Objection application filed by the applicant stood dismissed being devoid of any force. Mst. Shamim Akhtar v. Najma Baqai and 3 others 1977 SCMR 409; Agha Muhammad Hassan v. Mehraj Din PLD 1973 Lahore 95; Ch. Ajaib Hussain and another v. Mst. Zareen Akhtar and 11 others 2003 YLR 410; Ahsan Ali and others v. District Judge and others PLD 1969 SC 167; Ghulam Nabi v. Farrukh Latif and 2 others 1987 SCMR 608; Abdul Karim Moosa v. Mohini Bai and others 1973 SCMR 233; Quetta Club Ltd. Quetta Cantt.…