| Citation(s) |
|---|
| 1991 SLG 1657 1991 SLD 1657 1991 CLC 258 |
Sindh High Court
Suit No. 286 of 1990, decided on 17th October, 1990. dates of hearing: 15th and 17th October, 1990
SYED ABDUL REHMAN, J
Abdul Rauf and Ch. Muhammad Sadiq for Plaintiff, S. Zaheer A. Qureshi for Defendants
Suit No. 286 of 1990, decided on 17th October, 1990. dates of hearing: 15th and 17th October, 1990
SYED ABDUL REHMAN, J
Abdul Rauf and Ch. Muhammad Sadiq for Plaintiff, S. Zaheer A. Qureshi for Defendants
AKHTAR TRADING CO.
VS
FOOD DEPARTMENT and others
Law:
Section:
(a) Arbitration Act (X of 1940)--- ----S. 30---Objections to award filed after period of limitation---Effect---Where objections to award in the shape of written statement had been filed beyond period of limitation i.e. after about five and a half months of the service of notice, same could not be taken into consideration. (b) Arbitration Act (X of 1940)--- ----S. 14---Award---Evidence---Essentials---Arbitrator had no legal compulsion to record evidence on oath if parties did not require him to do so---Arbitrator had not acted wrongfully where he had decided the case merely on documents produced before him, parties having not asked him to examine any witness. Yousuf Aziz v. Aqeela Begum P L D 1978 Kar. 205 ref. (c) Arbitration Act (X of 1940)--- ----S. 30---Award---Objections to findings of fact---Finding of arbitrator on question of fact could not be called in question in proceedings in suit for making award rule of Court particularly when objections thereto were time-barred. Shaikh Hassan Bux v. Zab Tun Textile Mill P L D 1981 Kar. 28 and Pakistan Ministry of Commerce, Karachi v. Messrs Rizv7 & Co., Karachi P L D 1979 Kar. 250 ref. (d) Arbitration Act (X of 1940)--- ----Ss. 14 & 30---Time-barred objections to award---Such objections were not taken into consideration---Award did not suffer from any illegality on face of it--Award was made rule of Court. JUDGMENT This is an application whereby the arbitrator has filed an award in this Court. Initially the arbitrator had submitted an application alongwith the award on 23-12-1989. The office raised objection that the documents required under the Rules to be submitted with the award have not been filed alongwith it whereupon the arbitrator on 14-3-1990 submitted those documents alongwith the award, After 14-3-1990 notices were issued to the respective parties. The same were served on the parties on 21-4-1990 and 23-4-1990 respectively. The plaintiffs did not file any objections to the award. Even the defendants did not file their objections to the award within the period of 30 days provided under the law. The ,a objections in the shape of written statement have been filed on 13-10-1990 i.e. after about…
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