| Case ID |
17172d61-1e53-495e-b702-22e9da91ed49 |
| Body |
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| Case Number |
Civil Appeal No.11 of 2009 |
| Decision Date |
Apr 23, 2011 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the review petition filed by the petitioner against the decision of the High Court, which had modified the decree of the Trial Court regarding an overpayment finding but upheld the rest of the decree. The Court determined that the objections filed by the petitioner against the Arbitrator's award were submitted beyond the prescribed limitation period, and no error apparent on the face of the record was found to warrant a review. The Court emphasized that knowledge of the counsel represents knowledge of the party, thus affirming the validity of the arbitration proceedings. |
| Summary |
This case revolves around a civil appeal concerning arbitration proceedings and the associated limitation period for filing objections. The petitioner, Safdar Ali Khan, contested a decree passed by the Trial Court and later modified by the High Court. The core issue was whether the petitioner was entitled to file objections against the Arbitrator's award after the limitation period had expired. The Supreme Court ruled that the petitioner's objections were inadmissible as they were not filed within the stipulated thirty days following the notice of the award. The Court further clarified that no written notice was required since the award was presented in the presence of counsel for both parties. This case highlights vital aspects of the Arbitration Act, particularly the necessity of adhering to limitation periods and the interpretation of notice requirements. In the context of legal proceedings, it underscores the importance of timely action and the implications of counsel's awareness in arbitration matters. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AZAM KHAN, C.J.,
CH. MUHAMMAD IBRAHIM ZIA, J
|
| Lawyers |
Tahir Aziz, Advocate for Petitioner,
Abdul Waheed Durrani, Advocate for Respondents
|
| Petitioners |
SAFDAR ALI KHAN
|
| Respondents |
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary and 2 others
|
| Citations |
2012 SLD 1355,
2012 CLC 1097
|
| Other Citations |
Ramnath Agarwal v. G.S. Iyer, Collector of Customs, Kandla and another AIR 1961 Gujarat 51,
Ratnawa v. Gurushiddappa Gurushantappa Magavi and others AIR 1962 Maysoor 135,
Col. (Rtd.) Muhammad Aslam vs. Haji Muhammad Shaft and another PLD 1993 Lah. 11,
Rashida Awan v. District Education Officer and 8 others 2007 SCR 406,
Azad Government v. Muhammad Suleman and 6 others 2003 SCR 423,
Mst. Nasreen Gulab v. Mst. Tasleem Akhtar and 4 others 2010 SCR 375,
Messrs Shafi Corporation Ltd. Karachi v. Government of Pakistan through Director-General of Defence Purchase PLD 1981 Kar. 730
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Arbitration Act (X of 1940),
Limitation Act (IX of 1908),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974),
Azad Jammu and Kashmir Supreme Court Rules
|
| Sections |
O. VII, R.2,
O.XLVII, R.1,
S.14,
Arts.158 & 178,
S.42,
O.XLVI
|