Shaikh MUHAMMAD IQBAL AND 3 OTHERS vs AMIR BUX AND ANOTHER — 1971 PLD 285

Citation: 1971 PLD 285

Court: Sindh High Court

Year: 1970

Decision Date: 1970-04-09

Parties: Shaikh MUHAMMAD IQBAL AND 3 OTHERS vs AMIR BUX AND ANOTHER

Headnotes

Case cited as PLD 1971 Karachi 285

Judgment Text

Court Name: Sindh High Court Judge(s): Shah Zaman Babar, Noorul Arfin Title: Shaikh MUHAMMAD IQBAL AND 3 OTHERS vs AMIR BUX AND ANOTHER Case No.: Letters Patent Appeal No, 47 of 1970 Date of Judgment:1970-04-09 Reported As: PLD 1971 Karachi 285 Result: Order accordingly JUDGMENT JUDGMENT NOORUL ARFIN, J.--This appeal questions the judgment of a learned Single Judge of this Court, given on 4th February 1970, by which the award of Mr. Mahmood Hussain Khan was made the rule of the Court and the appellant's objections to the award were dismissed. The dispute between the parties flows from a partnership between them under an agreement dated 1st August 1957 contained an arbitration clause to settle any and all differences between the partners through arbitration. The present respondents filed Suit No, 80 of 1967 praying for dissolution of the firm and for its accounts and its winding up. The appellants thereupon filed an application under section 34 of the Arbitration Act praying for stay of the suit. By consent of the parties, the suit was stayed and the whole dispute was referred to the sole arbitration of Mr. Mahmood Hussain Khan, an Advocate of this Court. On entering upon reference, Mr. Khan framed as many as 10 issues and gave his award on 15th July 1969, this award becoming later rule of the Court by the judgment impugned before us. 2. Mr. Naimuddin, the learned Advocate for the appellants, took the following contentions before us : (1)That under issue No, 2, the…

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