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Suit No. 67 of 1979, decided on 4th March, 1980.
Ss. 8 & 30‑Arbitration‑Defendants having consented to appoint ment of arbitrator, having taken part in proceedings before such arbitrator and having taken a chance for a favourable decision, held, estopped from challenging award on ground of having not been appointed in accordance with S. 8.‑[Estoppel].
Haji Ghulam Mohyuddin v, Federation of Pakistan P L D 1967 Lab. 204; Messrs Habib & Sons v. Messrs Virak Co. P L D 1957 Kar. 245 and Sind Cotton Exporters v. A. B. Sadiq Brothers P L D 1955 Sind 268 rel.
Messrs Hafiz Abdul Aziz Cotton Ginning Factory v. Messrs Haji All Muhammad Abdullah & Co. and another P L D 1966 Kar. 197 ref.
S. 28‑Arbitration‑Limitation‑Limitation period for giving award‑To be counted from date of entering upon reference by arbitrator‑Arbitrator holding bearings promptly and diligently Plaintiff completing his evidence and submissions without asking for even a single adjournment but defendants very often seeking adjourn ment causing delay‑Plaintiff, not negligent in circumstances‑Parties taking part in arbitration proceedings without any objection beyond statutory period, Court, held, normally exercises its discretion in favour of extending time‑Extension in time allowed and objection as to limitation overruled.‑[Limitation‑Award].
Messrs Sind Cotton Exporters v. Messrs A. B. Sadiq Brosthers P L D 1955 Sind 268 and Pakistan v. Guyer & Co. P L D 1964 Kar. 3 ref.
Ghulam Mohyuddin v. Federation of Pakistan P L D 1967 Lab. 20 4 rel.
‑‑ S. 30‑Arbitration‑Award‑Mere error or erroneous conclusion or inference drawn front facts, held, would not bring error within purview of error of law apparent on face of award nor would give rise to a around for setting aside award under S. 30 of Arbitration Act. [Award].
Champsey Bhara Company v. The Jivrai Balloo Spurning do Weaving Co. Ltd. A I R 1923 P C 66; Alopi Parashad & Sons Ltd. v. Union of India A I R 1960 S C 588; Province of West Pakistan v. Gommons (Pakistan) Ltd. P L D 1976 Kar. 458; Suleman Haji Muhammad & Co. v. State Bank of Pakistan P L D 1960 Kar. 78 and Government of Pakistan, Ministry of Indus tries v. Messrs National Agencies, Karachi P L D 1978 Kar. 827 ref.
Samiuddin Sami for Plaintiff:
Sarfaraz Ahmed, Asstt. A.‑G. for Defendants.
Dates of hearing : 23rd October, 1979 ; 2nd and 4th March, 1980.
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