| Case ID |
df7562ef-60d1-4b55-8295-add873cac6a4 |
| Body |
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| Case Number |
Writ Petition No.8455 of 1996 |
| Decision Date |
Nov 16, 2005 |
| Hearing Date |
Nov 16, 2005 |
| Decision |
The Lahore High Court held that the impugned order of the Additional District Judge, which had cancelled the appointment of Arbitrators, was illegal. The Court found that the parties had agreed to refer their disputes to arbitration and had signed statements before the Court, which constituted sufficient compliance with Section 21 of the Arbitration Act, 1940. The Court emphasized that technicalities should not obstruct the parties' choice of arbitration as a forum for resolving their disputes. The decision of the Court was to accept the writ petition and reinstate the arbitration proceedings. |
| Summary |
In the case of Writ Petition No.8455 of 1996, the Lahore High Court dealt with a dispute involving arbitration under the Arbitration Act (X of 1940). The case revolved around the contention that the Additional District Judge's order cancelling the appointment of Arbitrators was unlawful. The Court clarified that a written application was not mandatory for arbitration references, as the parties had made signed statements indicating their intent to arbitrate. The Court's ruling emphasized the importance of respecting the parties' agreement to resolve disputes through arbitration, highlighting that minor procedural defects should not invalidate their choice. This decision underlines the principles of arbitration law and the importance of upholding parties' rights in dispute resolution. Keywords such as 'Arbitration Act', 'dispute resolution', 'Lahore High Court', and 'legal proceedings' are pivotal for understanding the significance of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SH. HAKIM ALI, J
|
| Lawyers |
Ch. Ghulam-ud-Din Aslam
|
| Petitioners |
TARIQ HUSSAIN,
Haji Nazir Ahmad
|
| Respondents |
ADDITIONAL DISTRICT JUDGE, VEHARI,
Ali Muhammad
|
| Citations |
2006 SLD 2023,
2006 CLC 514
|
| Other Citations |
Mahabir v. Manohar Singh AIR 1924 All. 540,
Waliullah v. Bhaggan AIR 1925 Oudh 269,
Jagmohan v. Suraj Narain AIR 1935 Oudh 499,
Ghisalal Sohanlal v. Ram Pershad Motilal AIR 1953 Ajmer 58
|
| Laws Involved |
Arbitration Act (X of 1940)
|
| Sections |
21
|