| Case ID |
25f1a193-a68c-4e5d-a6dd-b5cbe33197d7 |
| Body |
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| Case Number |
First Appeal from Order No.53 of 2000 |
| Decision Date |
Dec 06, 2000 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the appeal filed by Messrs Macdonald Layton & Company against the order of the Civil Judge, which refused to set aside the arbitration award. The court held that the arbitration proceedings, although held in Islamabad instead of Karachi as per the agreement, were valid since the appellant participated without objection. The court emphasized the importance of adhering to statutory time limits for filing objections to awards, ruling that the objections filed by the appellant were out of time and thus not entertainable. The conduct of the appellant in suggesting arbitrators and later not raising venue objections was deemed significant, leading to the conclusion that the award was rightly made Rule of the Court. |
| Summary |
This case involves an appeal by Messrs Macdonald Layton & Company Limited against the decision of a Civil Judge regarding the setting aside of an arbitration award. The Lahore High Court addressed key issues surrounding the jurisdiction of the arbitration proceedings, which were conducted in Islamabad instead of Karachi as per the original agreement between the parties. The court highlighted that the appellant's participation in the arbitration process, including suggesting arbitrators and not objecting to the venue during the proceedings, undermined their claim of jurisdictional error. Furthermore, the court reinforced the significance of adhering to statutory time limits for filing objections under the Arbitration Act, ruling that the appellant's late objections could not be considered. Overall, the decision emphasizes the need for parties to act diligently and within the confines of the law, ensuring that procedural requirements are met to maintain the integrity of arbitration processes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUMTAZ ALI MIRZA, J
|
| Lawyers |
M. Kowkab Iqbal,
Syed QalbeHassan
|
| Petitioners |
Messrs MACDONALD LAYTON & COMPANY LIMITED
|
| Respondents |
SAFDAR ALI SHAH & COMPANY
|
| Citations |
2001 SLD 2472,
2001 CLC 967
|
| Other Citations |
S. Zahir Hussain v. Province of Sindh and another 1981 CLC 379,
Chief Engineer, Building Department, Provincial P.W.D. Government of Sindh v. Messrs Pak National Construction Company PLD 1981 Kar. 553,
Mst. Akhtar Bashir v. Muhammad Bashir and another 1981 CLC 423,
Messrs Hussain Textile Mills Limited, Karachi v. Messrs Dada Sons Limited, Karachi PLD 1973 Kar. 413,
Messrs Habib & Sons v. Messrs Virak Co. PLD 1957 (W.P.) Kar. 245,
New India Assurance Co. Ltd. v. Dalmia Iron and Steel Ltd. AIR 1965 Cal. 42,
Chairman, Railway Board, Lahore and 2 others v. Hafiz Abdul Qayyum PLD 1984 Pesh. 285,
Province of West Pakistan (Punjab) through Secretary, Irrigation and Power Department and another v. Mian Abdul Hamid & Co. 1985 CLC 1170,
Messrs International Development Associates v. Shaheen Foundation P.A.F.
|
| Laws Involved |
Arbitration Act (X of 1940)
|
| Sections |
14,
17,
30,
39
|