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ABDUL QAYYUM KHAN versus GOVERNMENT OF PUNJAB, LOCAL GOVERNMENT AND RURAL DEVELOPMENT DEPARTMENT

Section 2 (c), 33 and 14 Constitution of Pakistan (1973), Arts 199 and 185 Limitation Act (IX of 1908), Article 14 Constitution Petition, before the High Court Parties, with the intention of avoiding litigation in writ petition , Required for settlement. At the discretion of the parties, without the intervention of the High Court, the dispute was resolved by a person of his choice, while the constitutional petition was dealt with by the person appointed as the sole arbitrator. The lease agreement between the parties is eligible for arbitration, but the constitutional application was settled on the issue of the agreement between the parties to decide the dispute through arbitration by the selection of the parties. The arbitrator shall neither entertain the plea of the High Court under the Arbitration Act 1940 nor perform the work of the Civil Court nor shall it be deemed to have been arbitrated by the intervention of the High Court and thereby, in section 2 ( (C) In view of the provisions of section 33 read with the High Court, the High Court shall have no jurisdiction to retain the request for arbitration for dispute judgment. In the case of its constitutional jurisdiction as a dispute of arbitration under the Arbitration Act 1940, the award notable for arbitration shall not be annexed to the proceedings in the constitutional petition granted by the arbitrator, therefore, under section 14 The application under section 16 and read with read 17, the Arbitration Act, 1940 will not be enforceable before the High Court of Arbitration; in the present case, being completely independent of the proceedings in the constitutional petition, this dispute must The source will have the power to decide on such a dispute. Arbitration Act, 1940 Supreme Court top advocate from Makran lawyer