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FEHMEEDA KHANAM versus MESSRS NAZIR & CO. (PVT.) LTD.


Section 5 of the Arbitration Act 1940 was read with the application of section 33 under section 5 of the Arbitration Act 1940, seeking to revoke the arbitral trial court's authority, which was prematurely denied by a designated arbitration authority. Cancellations can only be sought under section 5 of the Arbitration Act. There may be circumstances and reasons to seek such a cancellation, the trial court was bound to decide on its own merits under section 5 of the Act, but such an application would not be subject to any objection under section 33 of the Act. Failing to wrongly dispose of the dispute, the High Court sent the trial court to the trial court for its new judgment within the parameters of section 5 of the Arbitration Act, 1940, setting aside the defamation order.

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