Law:

Section:

Arbitration Act (X of 1940)-------Ss. 5, 11, 30 & 33---Qanun-e-Shahadat (10 of 1984), Art. 114--­Setting aside of arbitration proceedings---Principle of estoppel--­Applicability---Remarks by Trial Court---Petitioner had chosen and appointed arbitrator unconditionally, without any reservation and then participated in the proceedings---Petitioner subsequently sought revocation of authority of arbitrators and setting aside of arbitration proceedings---Validity---Conduct of the petitioner did not permit it to resile from its contractual commitments and obligations---Trial Court had rightly applied the principle of estoppel in dismissing the application filed by the petitioner---Mere observation/remarks made in his order that one of the arbitrators, belonged to the superior judiciary would not impair the legal efficacy of the order---High Court declined to interfere in the order passed by the Trial Court as the Court had not acted illegally. West Pakistan through the Executive Engineer, Rawalpindi v. Messrs Azhar Brothers PLD 1977 Lah. 1013; Province of Punjab and another v: Messrs Industrial Machine Pool, Lahore PLD 1978 Lah 829; Province of Sindh and another v. Haji Khan PLD 1983 Kar. 621; Project Director, Balochistan and Minor Irrigation and Agricultural Development, Quetta Cantt. v. Messrs Murad Ali & Company 1999 SCMR 121; Pakistan Refinery Ltd. v. Pakistan National Shipping Corporation and 2 others 1986 CLC 644; Hasan Amin v. The Capital Development Project Authority, Islamabad through its Chairman 1979 CLC 565 and Messrs Haji Muhammad Sharif Atta Muhammad v. Messrs Khoia Mithabhai Nathoo and others PLD 1960 (W.P.) Kar. 10 ref. Azmat Saeed for Petitioner. Bilal A. Khawaja and Aurangzeb Mirza for Respondents. ORDER By order dated 26-4-2003, application filed by the petitioner under sections 5, 11 and 33 of the Arbitration Act, 1940 has been dismissed by the learned Civil Judge, where against this petition has been filed. 2. The learned counsel for the parties have been heard at length and material placed on record considered: 3. Admittedly the Arbitral Tribunal is seized of the matter, therefore, I tend to exercise maximum restraint in touching the…

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