Law:

Section:

(a) Karachi Port Trust Act (VI of 1886)--- S. 18(7) --- Arbitration Act (X of 1940), Ss. 14, 17, 20 & 21 --- Reference to arbitrator --- Plaintiff filed suit for making award given by sole arbitrator rule of Court --- Plaintiff while invoking arbitration clause in agreement arrived at between parties and calling upon defendant to nominate arbitrator, had clearly and specifically set out dispute --- At no stage defendant challenged authority of its Chairman to refer dispute to arbitrator --- Even if dispute raised by plaintiff was not covered under terms of agreement between parties, nothing was in law to prevent Chairman of defendant organisation to refer such dispute to arbitrator as Chairman was competent under section 18(7) of Act, 1886 to refer dispute to arbitrator --- Objection of defendant that reference was invalid, was repelled, in circumstances. (b) Arbitration Act (X of 1940)--- ---- Ss. 14, 17, 20 & 30 --- Objection to making award rule of Court --- Defendant had contended that arbitrator giving award was guilty of misconduct inasmuch as basis of claim of plaintiff before him was instructions issued by Government with regard to determination of his claim and that not only those instructions were misconstrued, but directive contained therein was also violated by arbitrator --- No doubt plaintiff in support of his claim had referred before arbitrator those instructions, but arbitrator had not based his award on those instructions --- Neither those instructions were referred or mentioned in award by arbitrator nor award was based on those instructions --- In absence of a reference in award to those instructions, it could not be said that award was erroneous or' was based on such instructions --- Objections of defendant against award were rejected and award was confirmed and made rule of Court. Secretary, Ministry of Industries v. M/s. Asian Associated Agencies PLD 1974 Kar. 155; Prime Insurance Co. v. Ejaz Ahmed Khawaja 1981 CLC 311; Champsy Bhara & Co.'s case AIR 1923 P.C. 66 and A.Z. Company's case PLD 1965 SC 505 ref. JUDGMENT The plaintiff in this suit filed under section 14 read with section 17 of the Arbitration Act has prayed that…

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