Law:

Section:

Arbitration Act (X of 1940)--- ----Ss. 13, 14, 20 & 21---Application for making award as rule of Court---Procedure---Duty of Court---Said application was concurrently dismissed by the trial Court and Appellate Court---Award in question was given by the arbitrators without intervention of the Court and was based on mutual consent and agreement of the parties and was acted upon---Under S.14(2) of the Arbitration Act, 1940, after announcement of award, it was the arbitrator who had to file the award in the Court either at the request of a party or on the direction of the Court---Court, for the purpose of making the award rule of the Court, was not required to act mechanically as if it had to affix its stamp of approval on the award without determining its legality, maintainability and the question of its executability---Party could not file an award in the Court to make the same rule of the Court specially when the award prior to getting the authentication and sanction of the Court, was acted upon between the parties; in such a state of affairs, it would become useless to ask for its making of rule of the Court---Two Courts below after proper appreciation of evidence on the record had rightly dismissed application of the petitioner---Counsel for the petitioner was unable to point out any illegality or irregularity in the exercise of jurisdiction by the two Courts below---Petition was dismissed. Government of N.-W.F.P. v. Shahin Shah and others 2009 MLD 1418 ref. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J. The petitioner and respondent No.1 having a joint business in the name of J.R. Engineering and Metal Works, Peshawar, were compelled to appoint Arbitrators for resolution of their dispute of rendition of accounts. (It "would be necessary to mention here that their business agreement had no arbitration clause.) Resultantly, an award dated 31-10-2002 was made by the arbitrators. 2. The petitioner through an application, applied for making the award referred above as rule of Court en 7-4-2004 wherein his business partner was impleaded as respondent No.1 and the four arbitrators were impleaded as respondents 2 to 5. The said application was replied by the respondent…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492