| Citation(s) |
|---|
| 1996 SLG 1348 1996 SLD 1348 1996 CLC 344 |
Sindh High Court
Judicial Miscellaneous Application No. 35 of 1993, decision dated: 16-05-1995, hearing DATE : 3rd May, 1995
RASHEED AHMAD RAZVI, J
Gulzar Ahmed for Petitioner. Mansoorul Arfin for
Respondent
Judicial Miscellaneous Application No. 35 of 1993, decision dated: 16-05-1995, hearing DATE : 3rd May, 1995
RASHEED AHMAD RAZVI, J
Gulzar Ahmed for Petitioner. Mansoorul Arfin for
Respondent
ENGRO CHEMICALS PAKISTAN LIMITED
VS
TRADING CORPORATION OF PAKISTAN
Law:
Section:
Arbitration Act (X of 1940)-------S. 28---Extension of time for completing arbitration proceedings and making of award---Court's discretion to extend time---Effect of proceedings which were conducted before Arbitrator after expiry of time extended by High Court, before filing application seeking extension of time---Court in terms of S.28, Arbitration Act, 1940, was empowered to extend time for making award---Such discretion could be exercised by Court whether time had expired or not and even after making of award---Term "from time to time" as used in S.28 of the Act would suggest that not only on one occasion but on more than one occasion Court can grant such extension but such discretion should be exercised judiciously and not capriciously---Conduct of parties showed that both of them had contributed towards delay in finalisation of arbitration proceedings---Existing stage of arbitration was for filing of written arguments by respondent and thereafter for pronouncement of award---If time was not granted/extended for completing arbitration proceedings and making of award, such act would amount to bringing the case at naught which would not cause only great hardship and inconvenience to parties but would not be consistent with law---Petitioner had made out case for extension of time and time was extended for next four months. Province of Sindh v. Haji Khan PLD 1983 Kar. 621; Amar Nath v. Uggar Sen and others AIR 1949 All. 399; Elite Builders and Developers v. Nooruddin Moosa Hamani 1988 CLC 564; Hari Shankar Lal v. Shambhu Nath and others AIR 1962 SC 78; Messrs Qamaruddin Ahmad & Co. v. Government of Pakistan 1985 SCMR 1775; WAPDA and another v. Messrs Khanzada Muhammad Abdul Haq Khan Khattak & Company PLD 1990 SC 359 and Sulaiman Ebrahim H. Jaffer v. Karachi Cooperative Housing Societies Union Ltd. PLD 1963 Kar. 316 rel. Messrs Rafi Associates Limited v. Government of Pakistan 1985 CLC 721 ref. ORDER These proceedings are under section 28 of the Arbitration Act, 1940 seeking extension of time for completing arbitration proceedings and making of award. The last time extension granted by this Court was in J.M. No. 66/91. Four months' time was extended onβ¦
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