| Citation(s) |
|---|
| 1999 SLG 1097 1999 SLD 1097 1999 CLC 2047 |
Sindh High Court
Suit No.303 of 1997, decision dated: 29-05-1998, hearing DATE : 29-04-1998
RASHEED A. RAZVI, J
Muhammad Akram Zuberi for Plaintiff. Nasrullah Awan for Defendant No. 1. Muhammad Saleem, Asstt. A.G. for Defendant No. 2. Irfanullah Khan for Mehran Sugar Mills
Suit No.303 of 1997, decision dated: 29-05-1998, hearing DATE : 29-04-1998
RASHEED A. RAZVI, J
Muhammad Akram Zuberi for Plaintiff. Nasrullah Awan for Defendant No. 1. Muhammad Saleem, Asstt. A.G. for Defendant No. 2. Irfanullah Khan for Mehran Sugar Mills
Messrs ABDULLAH TRADERS through Partner Mukhtar AhmaD---Plaintiff
VS
TRADING CORPORATION OF PAKISTAN LTD. through Chairman, Attorney, Principal Officer and 2 others----Defendants
Law:
Section:
(a) Arbitration Act (X of 1940)-------Ss. 14(2), 20, 26-A, 30 & 33---Making award rule of Court----Setting aside of award---Conditions---Arbitrator or umpire under S.26-A, Arbitration Act, 194(1 was required to give reasons in support of his award in sufficient detail--Purpose of giving details was to enable the Court, while making award rule of the Court, to consider any question of law arising out of award, but it would not be necessary that the reasoning of award should be given in such details as were required to in civil suits---No restriction, however, was imposed on arbitrator or umpire in respect of dealing with pure question of fact involved in the case---Section 26-A of Arbitration Act, 1940 could not he treated at par with provisions of Ss.30 & 33 of Arbitration Act, 1940---Award could not be set aside merely on the ground that arbitrator or the umpire had not given sufficient 'reasons in support of his award---Award would become void only when it was remitted to the arbitrator or umpire to disclose reasons and to re-submit the same with a specified time and he failed to submit same in accordance with the directions of the Court. Messrs Awan Industries Ltd. v. The Executive Engineer and another 1992 SCMR 65; Messrs Joint Venture KG/Rist v. Federation of Pakistan PLD 1996 SC 108; Messrs Gandhara Industries Ltd., Karachi. v. Government of Pakistan PLD 1532 Kar. 262; Karachi Electric Supply Corporation Ltd. v.. Consortium 2000 P.E.C.H. Society, Karachi 1985 CLC 1350 and Associated Construction Ltd. v. Karachi Municipal Corporation 1987 CLC 383 ref. (b) Arbitration Act (X of 1940)--- ----Ss. 14(2), 20, 26-A, 30 & 33---Making award rule of Court---Court while examining legality or otherwise of an award as provided under Ss.30 & 33 of Arbitration Act, 1940 was not required to act as a Court of appeal and could not substitute its own finding on appreciation of evidence, but at the same time it was still the duty of Court to see, even, in absence of any objection, whether q award suffered from any legal defect or infirmity. National Construction Company v. WAPDA PLD 1987 SC 461; Muhammad Tayyab v. Akbar Hussain 1995 SCMR 73; Abdul Khaleq v.…
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