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MUHAMMAD NADEEM versus ADDITIONAL DISTRICT JUDGE, BHAKKAR


Articles 42 and 54 of the Arbitration Act (X of 1940), Sections 20, 30, 34 and 39 of the Contract Act (IX of 1872), Article 73 of Pakistan, Article 199 declaration of the case of constitutional petition and permanent injunction restraining proceedings award, damages The objection to the plaintiff, who was the distributor of the plaintiff's company, was terminated by the defendant, his declaration during the litigation and the application for permanent injunction under the section 34 of the Arbitration Act 1940 Filed as provided in the agreement, with the consent of the parties, the trial court referred the matter to the arbitrator, with both parties He jointly stated that he would follow the award given by the arbitrator After hearing the parties, the arbitrator held that the plaintiff was entitled to receive Rs. 16,49,033 as compensation for the scope of the arbitration. I or the arbitrator did not object to the creditor's jurisdiction or jurisdiction over the arbitration jurisdiction when the arbitration award was taken and it was announced that the plaintiff's company viewed the award as objectionable, with some objections to the matter. Pick up Until the scope of reference for settlement of a dispute, no error shall be allowed to be identified at this stage, whichever is within the jurisdiction of the order of reference or the arbitrator when the claimant has filed his / her claim before the arbitrator. At this point, the frame issues provided ample opportunity for the defendant to raise the objection that there was no scope of reference nor did the agreement allow the award of damages, but the defendant did so completely. Failed, under section 73 of the Contract Act, 1872, to claim damages

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