Law: Civil Procedure Code (V of 1908)

Section: 107

(a) Civil Procedure Code (V of 1908)---O. XVII, R. 3 & S. 107 --- Adjournment was granted to appellant for hearing of his counsel's arguments which he failed to avail --- Effect --- Time having been granted to counsel for appellant to dilate upon specific questions raised, his non-appearance would attract provisions of O.XVII, R.3 alongwith S.107, C.P.C.- High Court thus, proceeded to determine case finally. (b) Arbitration Act (IX of 1940)--- ---- Ss. 8 & 9 --- Law Reforms Ordinance (XII of 1972), S. 3 --- Intra-Court Appeal --- Appointment of arbitrator --- Appointment of arbitrator under S.8 and under S.9 of the Arbitration Act --- Distinction --- Appellant in terms of S.8, Arbitration Act, 1940, appointed his sole arbitrator on failure of respondent to agree to such arbitrator --- Appellant, however, had to serve notice on respondent in writing requiring him to concur in such appointment --- Respondent's failure to concur within fifteen days of such notice would, have entitled appellant to move Court seeking necessary appointment ---- Even if it be assumed that all requirements of S.8, pursuant to S.3 alongwith para. 1 in First Schedule to Arbitration Act, 1940, were complied with by appellant, admitted position on record was that appellant never moved for seeking requisite appointment of sole arbitrator pursuant to S.8(2), Arbitration Act, 1940 --- In view of such omission appointment of arbitrator was bad in law --- Whereas under S.8, Arbitration Act, 1940, for want of concurrence in appointment of arbitrator, aid and attention of Court was necessary appointment in terms of S.9 of the Act by party not in default could ipso facto, upon requirements being met would become final and no recourse to Court was necessary --- Requirements of S.8, Arbitration Act, 1940 having not been met, High Court was right not to refer case to arbitrator nominated by appellant. ORDER Mr. Iqbal Kazi has referred us to the orders dated 6-11-1995 and 15-1-1996 which we, to the relevant extent, reproduce below: -- "Dated: 6-11-1995 Contention of the learned counsel (for the appellant) is that the matter has been remanded to the learned Single Judge by the Supreme Court of…

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