| Citation(s) |
|---|
| 2005 SLG 1466 2005 SLD 1466 2005 SCMR 1724 |
Supreme Court of Pakistan
Civil Petition No.2637-L of 2001, decision dated: 2-08-2004
FAQIR MUHAMMAD KHOKHAR AND TASSADUQ HUSSAIN, JILLANI, JJ
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Civil Petition No.2637-L of 2001, decision dated: 2-08-2004
FAQIR MUHAMMAD KHOKHAR AND TASSADUQ HUSSAIN, JILLANI, JJ
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PROVINCE OF PUNJAB through Secretary, C&W Department, P.W.D. Secretariat, Lahore High Court and others
VS
. Messrs SUFI CONSTRUCTION COMPANY
Law:
Section:
Arbitration Act (X of 1940)------Ss. 17 & 30---Constitution of Pakistan (1973), Art.185(3)---Award setting aside of---Misconduct of Arbitrators---Proof---Concurrent finding of facts by the Courts below---Award against the petitioners was made rule of the Court---Petitioners sought setting aside of the award on the ground of misconduct of Arbitrators---Petitioners did not move any application for appearance of the Arbitrators in the Court in support of the allegations of misconduct against them---Particulars and other necessary details of any misconduct were not given by the petitioners in their reply or the objections---Allegations of the petitioners against the Arbitrators were vague and nebulous---Validity---Arbitrators were senior officers of Punjab Highway Department and were appointed by Chief Engineer---Trial Court as well as High Court had recorded concurrent findings of fact to which no exception could be taken---Petitioners failed to point out any material misreading or non-reading of evidence on record---Judgment of High Court did not suffer from any legal infirmity so as to warrant interference by Supreme Court---Leave to appeal was refused. Muhammad Anwar Ghuman, Advocate Supreme Court for Petitioners. Nemo for Respondent. Date of hearing: 2nd August, 2004. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.--- This petition for leave to appeal is directed against judgment, dated 31-5-2001, passed by a learned Single Judge of the Lahore High Court, Lahore in F.A.O. No.160 of 1997. 2. The Punjab Highway Department, awarded a contract to the respondent. A dispute arose between the parties as to the construction of flood damages (reconditioning/raising of Renala Satgarah Road). The Chief Engineer (North) of the Punjab Highway Department appointed a panel of two Superintending Engineers of the Department as Arbitrators to adjudicate upon the dispute. The Arbitrators gave the award which was filed in the Civil Court at Lahore which was objected to by the petitioners. Therefore, the Civil Judge, Lahore, by order dated 29-10-1991, directed the filing of award before Civil Court, Okara in whose jurisdiction the contract was carried out by the respondent. The needful…
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