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Citation: 1970 PLD 153
Court: Sindh High Court
Year: 1969
Decision Date: 1969-12-31
Parties: Messrs FAQIR SPINNING MILLS LTD. vs GOVERNMENT OF WEST PAKISTAN AND JUDGMENT
Case cited as PLD 1970 Karachi 153
Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Noorul Arfin Title:Messrs FAQIR SPINNING MILLS LTD. vs GOVERNMENT OF WEST PAKISTAN AND JUDGMENT Reported As: PLD 1970 Karachi 153 Result: Appeal dismissed Judgment JUDGMENT NOORUL ARMN, J.-----This appeal raises an important question of law under the Arbitration Act, 1940, namely, whether an application can be made to Court for setting aside an award or adjudging it a nullity, without, however, the award having been filed in Court. The background of the dispute is an agreement entered into between the appellants and the former State of Khairpur for the construction of a power house at Cambat. There was dispute as to whether the appellants had fulfilled their obligations under the agreement. The appellants referred the dispute to the sole arbitration of Sardar Muhammad Aslam Khan, the respondent No. 2 herein, who gave his award but did not file it in Court under the provisions of the Arbitration Act. Nor did the appellants take any proceedings to have the award filed in Court by the arbitrator. The Government of West Pakistan, the successor-in-interest of the Khairpur State, therefore, made an application to the District Court at Khairpur under sections 30 and 33 of the Arbitration Act, 1940 to contest this award. The District Judge, however, held, on the basis of several Indian decisions, that such an application was not maintainable unless and until the award is filed in Court under the Arbitration Act, 1940.…
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