| Case ID |
091b95a4-02cb-48e0-a94c-3649ddb83a00 |
| Body |
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| Case Number |
Suit No. 379 of 1972 |
| Decision Date |
May 31, 1977 |
| Hearing Date |
May 27, 1977 |
| Decision |
The court set aside the award made by the arbitrators due to their misconduct in proceeding ex parte against the defendants. The court found that the defendants had shown a reasonable cause for their absence and had requested for postponement due to the national emergency created by the Indo-Pakistan War. The court emphasized that it is the duty of the arbitrators to afford parties a reasonable opportunity to present their case and not to condemn a party without letting them know the case against them. |
| Summary |
This case revolves around arbitration proceedings initiated due to disputes arising from an agreement between M. Ameen M. Bashir Ltd. and Haji Soomar Haji Hajjan Potoli regarding the supply of cotton. The arbitrators awarded a sum to the plaintiffs but the defendants contested the award on grounds of misconduct, claiming they did not receive adequate notice of the arbitration hearing due to the prevailing war conditions. The Sindh High Court upheld the principles of natural justice, emphasizing that arbitrators must ensure both parties have a fair opportunity to present evidence. The court ultimately ruled that the arbitrators had acted improperly by not allowing the defendants to participate in the proceedings, leading to the award being set aside. This case highlights the importance of fair arbitration practices and the necessity of proper communication in legal proceedings, especially in challenging circumstances. Keywords include arbitration misconduct, natural justice, and evidence presumption. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ZAFFAR HUSSAIN MIRZA, J
|
| Lawyers |
Nafis-ud-Din,
Nizam Ahmed
|
| Petitioners |
M. AMEEN M. BASHIR LTD.
|
| Respondents |
HAJI SOOMAR HAJI HAJJAN POTOLI
|
| Citations |
1977 SLD 9,
1977 PLD 973
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Evidence Act, (1 of 1872),
Arbitration Act, 1940,
General Clauses (Amendment) Act, 1997
|
| Sections |
114,
11,
27
|