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Initializing Secure Chambers
Petitioner: PROVINCE OF PUNJAB And Others VS Respondent: Messrs MIAN MUHAMMAD SALEEM &.Co.
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Shafi-ur-Rehman Title: PROVINCE OF PUNJAB And Others vs Messrs MIAN MUHAMMAD SALEEM &.Co. Case No.: Civil Petition No. 962 of 1979 Civil Revision No. 1109 of 197 Date of Judgment:1985-02-23 Reported As: 1985 SCMR 1215 Result: Leave refused
Judgment ORDER SHAFIUR RAHMAN, J.--A dispute between the parties with regard to the payments outstanding against each other was referred to arbitration and in terms of the award the respondent was granted a decree for a sum of Rs.20,964.45. The petitioner wanted to avoid it but the Senior Civil Judge made the award the rule of the Court rejecting all the objections filed by the petitioner. Its appeal failed before the District Judge and finally the revision in the High Court. The learned counsel for the petitioner contended that the claim of the respondent which was accepted by the arbitrator was barred by the, that he was estopped from making a claim of that amount and that he was not entitled to it. The only question in issue between the parties was "whether the arbitrator has misconducted himself". All the Courts dealing with the question have on the factual and legal plane found out concurrently that no case of misconduct was made out. What was established during the proceedings was only a typographical error which was corrected by the Courts. In other respects, the award was found not liable to interference by the Court. The submissions made by the learned counsel for the petitioner do not make out to be a case of misconduct such as may vitiate the award itself. No question of law arises in the petition which may require further examination in this Court. Leave to appeal is, therefore, refused.
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