Law:

Section:

Arbitration Act (X of 1940)-------Ss. 15, 20 & 30---Making award rule of the Court---Objections to award---Modification and correction of award---Court while hearing objections to the award, has not to act as Court of appeal and the Court should be slow in proceeding to scrutinize the award in order only to discover an error for the purpose of setting it aside---Court was supported to give every reasonable intendment in favour of award and lean towards upholding, rather than vitiating the same---Such rule was based on logic that arbitrator was chosen by the parties themselves therefore prima facie the award be treated final, except that same may be modified or corrected when it fell within the scope of S.15 of Arbitration Act, 1940 and it could be set aside if it was covered by provisions of S.30 of that Act. Karachi Transport Corporation v. Karachi Tameerat Limited PLD 1992 SC 479; 1990 MLD 301; PLD 1966 Kar. 513 and Messrs Waheed Brothers (Pak.) Ltd. Lahore v. Messrs Izhar (Pvt.) Ltd., Lahore 2002 SCMR 366 ref. Iqbal Bawani for Plaintiffs. Sarwar Muhammad Khan for Defendants. Date of hearing: 22nd April, 2004. JUDGMENT Pursuant to the arbitration proceedings arising out of Suit No.733 of 1991 an award was filed in this Court. 2. No objections to the award were filed on behalf of the plaintiffs, while the objections filed by the defendants were not entertained, as those were filed beyond the prescribed time and the application moved by the defendants for extension of time was dismissed. 3. However, since the award was found to be suffering from defects apparent on the face of it, on account of patent anomalies, it was remitted to the learned sole Arbitrator for re-consideration of Issue No. 11 in Suit No. 1420 of 2001. The learned sole Arbitrator was accordingly required to re-submit the decision with definite findings within the period of six months after providing full opportunity of hearing to the parties concerned. 4. Learned sole Arbitrator has re-submitted the decision. This time the objections to, the award have been filed by the plaintiffs. 5. Arguments have been heard, 6. It was contended on behalf of plaintiff that the learned sole Arbitrator…

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