Law:

Section:

Arbitration Act (X of 1940)--- ----Ss. 14 & 42---Limitation Act (IX of 1908), Arts. 178 & 181---Making and signing of award---Service of written notice upon a party---Limitation---Service of notice upon a party was a sine qua non for attracting the provisions of Art. 178, Limitation Act, 1908 and knowledge gained aliunde was not sufficient in that behalf. According to section 14 (1) of the Arbitration Act, 1940, when the arbitrators or umpire had made their award, they would sign it, and give notice in writing to the parties of the making and signing thereof, and of the amount of fee and charges payable to the arbitrators or umpire in respect of the arbitration and award. The insistence that the notice must be in writing makes service of the formal notice necessary especially as the limitation under Article 178 of the Limitation Act would run from the date of that notice. It was also to lie seen that section 42 of the Arbitration Act prescribes the mode for service of the notice required under the Act to be served by a party to an, arbitration agreement or by an arbitrator or umpire. It provides that such a notice would be served by delivering it to the person on whom it was to be served or by sending it by registered post at the usual or last known address of the business or residence of the addressee. If section 14(1) and section 42 of Arbitration Act were read conjunctively alongwith Article 178 of the Limitation Act, it becomes abundantly clear that a service of notice was a sina qua non for attracting the provisions of Article 178 of the Limitation Act and knowledge gained aliunde was not sufficient in this behalf. Article 178 of the Limitation Act applies only when a written notice had been served in the manner prescribed upon a party that the award had been made. If there was no such notice, the provisions applicable would be the residuary Article 181 of the Limitation Act. Ashfaq Ali Qureshi v. Municipal Corporation, Multan and another 1985 SCMR 597; Pakistan through General Manager, Pakistan Railways v. Messrs Q.M.R. Expert Consultants PLD 1990 SC 800; ref. Messrs Ahmad Bakhsh Abdul Rashid v. Muhammad Aslam & Brothers and another PLD 1954…

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