HAMDARD DAWAKHANA (WAKF), KARACHI Claimant vs MESSRS K. B. JOSEPH — 1971 PLD 279

Citation: 1971 PLD 279

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: HAMDARD DAWAKHANA (WAKF), KARACHI Claimant vs MESSRS K. B. JOSEPH JUDGMENT

Headnotes

Case cited as PLD 1971 Karachi 279

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title:HAMDARD DAWAKHANA (WAKF), KARACHI Claimant vs MESSRS K. B. JOSEPH JUDGMENT Reported As: PLD 1971 Karachi 279 Result: Orders accordingly Judgment JUDGMENT By a reference dated the 19th December 1966 the plaintiff and the defendants had referred the disputes between them to the sole arbitration of Mr. mehdi All Siddiqui, a retired District and Sessions Judge, Karachi. As this reference did not specify the disputes that were referred to arbitration, in due course the plaintiff and the defendants filed their statements of claim before the arbitrator, who, after hearing the parties, gave his award on 28th December 1968. By this award he allowed most of the claims of the plaintiff, but he also allowed the claims of the defendants aggregating Rs, 76,000, therefore, after adjusting the accounts awarded, he directed the defendants to pay Rs, 1,51,116.88 in cash to the plaintiff. Further, as there was a dispute between the parties about a van, he directed the defendants either to deliver the van in working order to the plaintiff or in lieu thereof give a sum of Rs, 20,000 to the plaintiff. Finally he directed the defendants to pay Rs, 7,500 as costs to the plaintiff. This award was filed in due course in this Court, and the defendants have filed objections which have now come up for hearing before me. 2. Mr. Sange's first objection was that the arbitrator had committed misconduct by ordering the delivery of the van to the…

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