Law:

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Arbitration Act (X of 1940)-Ss. 17 & 30 Constitution of Pakistan (1973), Art.185(3) Making the award rule of Court Objections Contentions of the Government were that the High. Court had not considered objections filed by the Government against filing of award by the arbitrator who was not competent and authorized under the law to give award; that the order of the High Court was not a "speaking order" but yet appeal was dismissed; that the High Court did not consider the fact of not impleading necessary parties viz. Ministry of Defence and Civil Aviation Authority in the proceedings to whom the project belonged but made the executing Agency viz. the Government liable for the alleged claim which was not sustainable in law though from the very beginning the objections were brought on the record, that the award made and filed by an unauthorized illegally appointed Arbitrator which, award could not be termed to be an award in the law hence it conferred 'no right of claim upon the respondent and that sufficient cause was shown for delay in filing of appeals before the High Court but the same was not considered nor the merits of the case, and the was passed without applying mind a and considering the relevant provisions of law Leave to appeal was granted by Supreme Court to consider the contentions raised by the Government. ORDER HAMID ALI MIRZA, J. These civil petitions for leave to appeal are directed against common order dated 29 5 2001 passed by learned Division Bench of the High Court of Sindh in High Court Appeals Nos.139 to 141 of 2001 (Government of Pakistan through Chief Engineer (South) Pak. P.W.D. v. Messrs Haji Muhammad Siddique, Haji Lakhmir and another) whereby the said appeals were dismissed in limine. 2. Brief facts of the case are that a contract for the work of "Providing Minimum Facilities at Civil Aerodrome at Jacobabad (Phase 1)" was awarded to the respondent Messrs Haji Muhammad Siddique and Haji Lakhmir in the year 1965 66 wherein as per clause 25 of the agreement it was mutually agreed that in the event of any dispute, the matter would be referred to the Sole Arbitrator. During the course of execution of work and finalization of accounts of…

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