Law:

Section:

(a) Sind Co-operative Societies Act (VII of 1925)----- S. 51-A-Arbitration-Award by arbitrators would be incomplete only if it did not determine matter which was referred to arbitration.-­[Award]. (b) Sind Co-operative Societies Act (VII of 1925)--- -- S. 54-A-Arbitration-Arbitrators not summoning record at relevant stage as parties believed that record in question had been lost-By not summoning such record, held, arbitrators did not commit any misconduct in circumstances. (c) Sind Co-operative Societies Act (VII of 1925)--- -- S. 54-A (1)(b)-Arbitration-Award could not be held to be incom­plete on ground of having left some questions undertermined because some evidence was discovered after delivery of such award-Case, held, not fell within mischief of S. 54-A (1)(b) in circumstances.­[Award]. (d) Sind Co-operative Societies Act (VII of 1925)- ----S. 54-A--Arbitration-Award-Judgment not making clear as to exactly what defects were found in award: whether award suffered from illegality apparent on face of it or whether award stood vitiated on account of misconduct on part of Arbitrators or was, in any way, perverse-Arbitrators not refusing to summon records but, in fact, had seen all relevant records which were produced before Arbitrators ­Discovery of fresh evidence after delivery of award-View of Court that in refusing to summon certain relevant records, Arbitrators committed misconduct Such view of Court, held, not correct in circumstances. (e) Sind Co-operative Societies Act (VII of 1925)--- ----S. 54-A - Arbitration - Award cannot be declared as bad and remitted for re-consideration on ground of discovery of new evidence, after delivery of award.-[Award]. Akhtar Mahmood, Advocate-on-Record for Appellant. Abdul Fateh Memon, Advocate Supreme Court for Respondents Nos. 1 to 3. A. K. Brohi, Senior Advocate Supreme Court and A. A. Dastgir, Advocate-on-Record for Respondent No. 4. Respondents Nos. 5 to 7; Ex parte. Date of hearing: 18th January, 1984. JUDGMENT NASIM HASAN SHAH, J.-This appeal, by the leave of this Court, is directed against the judgment of a Division Bench of the Sind and Baluchistan High Court at Karachi passed on 1-12-1972 in Constitutional…

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