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PROVINCE OF PUNJAB versus SUFI ABDUL HAMEED


Appeal for entry of court award to Sections 20, 30 and 39 of the Arbitration Act, 1940, objection to the creation of court award roll, the appellant filed an application under section 20 of the Arbitration Act, 1940, and filed a case. The hearing directed the filing of an arbitration agreement. Arbitration proceedings The trial court, without deciding the petition, nominated two arbitrators to award, the arbitrators in the trial court filed a ward which was in favor of the respondents, on which the appellant's trial court dismissed the objections and awarded the award. The role of the trial court was dropped as the trial court erred in order to enter into an agreement without error due to a mistake in the proceedings and even without deciding the petition filed under section 20 of the Arbitration Act 1940. Only after the agreement has been filed can the court find that the clause between the parties through the arbitration clause The court may take action after finding that ZAA was covered or not. Direct reference to the arbitration pursuant to the terms of the arbitration agreement, but in the present case, the court soon proceeded to appoint arbitrators and He was directed to enter the award whose procedure was illegal and failed all proceedings and neither the court nor the parties themselves can withhold the necessary provisions. High Court of Sections 20 (4) and (5) of the Arbitration Act, 1940, allows the Settlement, Side Decrease / Award and the trial court to remand the remanded case in accordance with law in the Ding Arbitration Agreement Will proceed to decide the question before referring the arbitrators

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